Snyman v Ad-vent Information Services International Ltd

The applicant, Mr. Snyman, sought special leave to appeal to the High Court of Australia against a decision of a Full Court. The dispute concerned the interpretation of section 4(2) of the Trade Practices Act and whether certain actions constituted "conduct" within the meaning of that section. The applicant argued that the Full Court's finding that the third and fourth respondents received and prepared an advertisement for publication, when read in conjunction with section 4(2), should have been categorised as conduct.

The primary legal issue before the High Court was the interpretation of section 4(2) of the Trade Practices Act and its application to the facts as found by the Full Court. Specifically, the applicant contended that the Full Court had failed to categorise as "conduct" a finding of fact that the respondents had prepared an advertisement for publication, which the applicant submitted fell within the ambit of the section. The applicant expressed concern that if this interpretation was not corrected, it could create significant problems for trial courts and other Full Courts.

The High Court granted the applicant leave to amend his draft notice of appeal. In response to the applicant's submission regarding the interpretation of section 4(2), Brennan J stated, "Well, let it be assumed that it is conduct." This indicated the Court's preliminary view on the matter, suggesting that the Full Court's finding would be treated as conduct for the purposes of the appeal.