JT International SA v Commonwealth of Australia; British American Tobacco Australasia Limited & Ors v The Commonwealth of Australia

[2012] HCATrans 240

[2012] HCATrans 240

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Canberra   No S409 of 2011

B e t w e e n -

JT INTERNATIONAL SA

Plaintiff

and

COMMONWEALTH OF AUSTRALIA

Defendant

Office of the Registry
  Canberra   No S389 of 2011

B e t w e e n -

BRITISH AMERICAN TOBACCO AUSTRALASIA LIMITED ACN 002 717 160

First Plaintiff

BRITISH AMERICAN TOBACCO (INVESTMENTS) LIMITED BCN 00074974

Second Plaintiff

BRITISH AMERICAN TOBACCO AUSTRALIA LIMITED ACN 000 151 100

Third Plaintiff

and

THE COMMONWEALTH OF AUSTRALIA

Defendant

Pronouncement of Orders

FRENCH CJ
HAYNE J
CRENNAN J
KIEFEL J
BELL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 15 AUGUST 2012, AT 10.17 AM

Copyright in the High Court of Australia

____________________

FRENCH CJ:   These proceedings were heard in Canberra on 17, 18 and 19 April this year by a Court constituted by Justices Gummow, Hayne, Heydon, Crennan, Kiefel, Bell and myself.  At least a majority of the Court is of the opinion that the Tobacco Plain Packaging Act 2011 (Cth) is not contrary to section 51(xxxi) of the Constitution. The orders of the Court are:

Matter No S409/2011

1.The demurrer by the plaintiff to the defence of the defendant be overruled.

2.Judgment be entered in the action for the defendant.

3.The plaintiff pay the defendant’s costs in this action, including the demurrer.

Matter No S389/2011

The questions reserved on 28 February 2012 for determination by the Full Court under section 18 of the Judiciary Act 1903 (Cth) be answered as follows:

Question 1

Apart from section 15 of the Tobacco Plain Packaging Act 2011 (Cth), would all or some of the provisions of the Tobacco Plain Packaging Act 2011 (Cth) result in an acquisition of any, and if so what, property of the plaintiffs or any of them otherwise than on just terms, of a kind to which section 51(xxxi) of the Constitution applies?

Answer

No.

Question 2

Does the resolution of Question 1 require the judicial determination of any and if so what disputed facts following a trial?

Answer

No.

Question 3

If the answer to Question 1 is “yes” are all or some, and if so which, provisions of the Tobacco Plain Packaging Act 2011 (Cth) in whole or in part beyond the legislative competence of the Parliament by reason of section 51(xxxi) of the Constitution?

Answer

Does not arise.

Question 4

Are all or some, and if so which, provisions of the Tobacco Plain Packaging Act 2011 (Cth) in whole or in part beyond the legislative competence of the Parliament by reason of the matters raised in paragraphs 10 to 12 of the statement of claim?

Answer

No.

Question 5

What order should be made in relation to costs of the questions reserved?

Answer

The plaintiffs pay the defendant’s costs.

I publish those orders.

AT 10.19 AM THE MATTERS WERE CONCLUDED