British American Tobacco Australia Ltd v Western Australia [2003] HCA 47

HIGH COURT OF AUSTRALIA

GLEESON CJ,

McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ

BRITISH AMERICAN TOBACCO AUSTRALIA LTD APPELLANT

AND

THE STATE OF WESTERN AUSTRALIA & ANOR

RESPONDENTS

British American Tobacco Australia Ltd v Western Australia

[2003] HCA 47

2 September 2003

P62/2002

ORDER

1. The proceedings be amended to name the appellant as British American Tobacco Australia Ltd. 2. Appeal allowed with costs. 3. Set aside orders 2, 3 and 4 made by the Full Court of the Supreme Court of Western Australia on 13 February 2001 and, in place thereof, order that the appeal to the Full Court be dismissed with costs.

On appeal from the Supreme Court of Western Australia

Representation:

N C Hutley SC with N Perram for the appellant (instructed by Clayton Utz)

R J Meadows QC, Solicitor-General for the State of Western Australia with R M Mitchell for the respondents (instructed by Crown Solicitor for the State of Western Australia)

Interveners:

D M J Bennett QC, Solicitor-General of the Commonwealth with A R Beech and G A Hill intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)

B M Selway QC, Solicitor-General for the State of South Australia with J C Cox intervening on behalf of the Attorney-General for the State of South Australia (instructed by Crown Solicitor for the State of South Australia)

M G Sexton SC, Solicitor-General for the State of New South Wales with J K Kirk intervening on behalf of the Attorneys-General for the State of New South Wales and Victoria (instructed by Crown Solicitor for the State of New South Wales and Victorian Government Solicitor)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

British American Tobacco Australia Ltd v Western Australia