A representation made by a media organisation pretending to be a potential customer is conduct 'in trade or commerce' of the person to whom the representation is directed, even if not in the trade of the media organisation itself. Section 65A of the TPA does not protect false and misleading statements made in the course of investigation for the purpose of obtaining material for ultimate publication; there must be a close correspondence between the matter published and the information provided. Sections 52 and 82 of the TPA cannot be read down to exclude claims for injury to reputation arising from publications that are defensible under defamation law. When assessing exemplary damages for trespass, the court must give adequate weight to the punishment and deterrent effect of compensatory damages already awarded.
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