Roxborough v Rothmans of Pall Mall Australia Ltd

HIGH COURT OF AUSTRALIAGLEESON CJ,GAUDRON, GUMMOW, KIRBY, HAYNE AND CALLINAN JJALEXANDER GARNET ROXBOROUGH & ORS                   APPELLANTSANDROTHMANS OF PALL MALL AUSTRALIALIMITED  RESPONDENTRoxborough v Rothmans of Pall Mall Australia Limited[2001] HCA 686 December 2001S199/2000ORDER1.   Appeal allowed with costs.2.Set aside orders of the Full Court of the Federal Court made on 11 November 1999. 3.   In place thereof, order that:(a)   the appeal to that Court be allowed with costs;(b)   the orders of Emmett J made on 18 February 1999 be set aside; and(c)    in place of the orders of Emmett J, there be:(i)judgment entered for the first appellant in the sum of $14,377.33; for the second appellant for $11,017.12; for the third appellant for $18,521.99; for the fourth appellant for $31,716.32; for the fifth appellant for $15,622.98; for the sixth appellant for $35,877.19; and for the seventh appellant for $26,456.55; (ii)an order that the respondent pay the appellants' costs of the action; and(iii)liberty to apply to a Judge of the Federal Court for an order for interest under s 51A of the Federal Court of Australia Act 1976 (Cth). On appeal from the Federal Court of AustraliaRepresentation:S J Gageler SC with R A Dick for the appellants (instructed by Glasheen & Quilty)B W Walker SC with I M Jackman for the respondent (instructed by Clayton Utz)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSRoxborough v Rothmans of Pall Mall Australia LimitedContract – Money had and received – Total failure of...