JT International SA v Commonwealth of Australia [2012] HCA 43

HIGH COURT OF AUSTRALIA

FRENCH CJ, GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJ

Matter No S409/2011

JT INTERNATIONAL SA PLAINTIFF

AND

COMMONWEALTH OF AUSTRALIA DEFENDANT

Matter No S389/2011

BRITISH AMERICAN TOBACCO AUSTRALASIA LIMITED & ORS PLAINTIFFS

AND

THE COMMONWEALTH OF AUSTRALIA DEFENDANT

JT International SA v Commonwealth of Australia British American Tobacco Australasia Limited v The Commonwealth [2012] HCA 43 Date of Order: 15 August 2012 Date of Publication of Reasons: 5 October 2012 S409/2011 & S389/2011

ORDER

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 s 18 of the Judiciary Act 1903 (Cth) be answered as follows:

Question 1

Apart from s 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 s 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 s 51(xxxi) of the Constitution?