Section 18 of the ACL retains the restrictive interpretation of 'in trade or commerce' from Concrete Constructions v Nelson; the re-enactment did not broaden the scope of the prohibition. The question whether the Crown is 'carrying on a business' for ACL purposes is one of fact and degree turning on all relevant facts and circumstances, and governmental and business activities may co-exist. A separate trial of questions under Rule 47.04 should not proceed on the basis of facts admitted on pleadings where there are seriously disputed questions of fact and the plaintiff has been denied discovery of documents in the defendant's exclusive possession.
The full text is available to signed-in members, including the 73 later cases that cite this judgment.
6 of the 73 citing cases carry a classified treatment. How each court treated it is available to signed-in members.