Abstract:
Since the High Court decision in the Concrete Constructions case, there
have still been a number of attempts to expand the application of s 52 of the
TPA through the notion of the alleged conduct being "in" trade or commerce
as required by that decision. The caution expressed in that case that s 52
should not be seen as a side wind impinging on every sctivity of
a corporation has seen the more "creative" attempts meet with failure. This
article explores some of those attempts and shows that the courts are very
well aware of the consequences of the expansion of s 52 in many instances.
It shows that the "side wind" argument has been a consistent presence in the
issue of whether conduct is either "in" or "in relation to" trade or commerce.
