Village Building Company Limited v Canberra International Airport Pty Limited

Village Building Company Limited brought proceedings against Canberra International Airport Pty Limited and another, seeking damages and injunctive relief for alleged misleading or deceptive conduct under the Trade Practices Act 1974 (Cth). The primary dispute centred on whether certain conduct engaged in by the defendants constituted trade or commerce and, if so, whether it was misleading or deceptive. The case was heard in the Federal Court of Australia.

The court had to determine whether specific conduct by the defendants was in the nature of trade or commerce. The defendants argued that their conduct, particularly in relation to a document known as ANEF 2050, was part of a public debate rather than commercial activity. Village Building Company Limited opposed this, arguing that separating the issues would lead to inefficiencies and unnecessary duplication of evidence. The court needed to balance the principles of justice and efficiency against the potential for delay and additional costs.

After considering the submissions from both parties, the court found that effective case management favoured hearing the trade or commerce question separately. The potential savings in court time and costs outweighed the inconvenience and delay that might result from a separate hearing. The court ordered that the question of whether the conduct was in trade or commerce be decided separately and before any other issues in the proceeding were tried. This decision was intended to provide clarity on a preliminary issue, which could potentially expedite the final resolution of the case.

The court ordered that the question of whether the conduct in question was in trade or commerce be decided separately and before the trial of any other question in the proceeding. Additionally, the court reserved the costs of the separate motions for later determination.