JT International SA v Commonwealth

HIGH COURT OF AUSTRALIAFRENCH CJ,GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJMatter No S409/2011JT INTERNATIONAL SA  PLAINTIFFANDCOMMONWEALTH OF AUSTRALIA  DEFENDANTMatter No S389/2011BRITISH AMERICAN TOBACCO AUSTRALASIA LIMITED & ORS  PLAINTIFFSANDTHE COMMONWEALTH OF AUSTRALIA  DEFENDANTJT International SA v Commonwealth of AustraliaBritish American Tobacco Australasia Limited v The Commonwealth[2012] HCA 43Date of Order:  15 August 2012Date of Publication of Reasons:  5 October 2012S409/2011 & S389/2011ORDERMatter No S409/20111.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 S389/2011The 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 1Apart 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?AnswerNo. Question 2Does the resolution of Question 1 require the judicial determination of any and if so what disputed facts following a trial? AnswerNo. Question 3If 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...