Roxborough v Rothmans of Pall Mall Australia Ltd: Contractual Fallout from Tobacco Franchise License Fees

15 Journal of Contract Law 81-93

11 Pages Posted: 24 Sep 2015

See all articles by Tania Voon

Tania Voon

University of Melbourne - Law School

Date Written: 1999

Abstract

The recent Federal Court decision of Roxborough v Rothmans of Pall Mall Australia Ltd involved applications by tobacco retailers for recovery of amounts paid to a tobacco wholesaler in respect of tobacco purchases. The applications arose as a result of the High Court’s decision in Ha v State of New South Wales that certain provisions of the Business Franchise Licences (Tobacco) Act 1987 (NSW) (‘the Act’) imposing licence fees for the sale of tobacco were invalid. The Applicants in Rothmans claimed several grounds for recovery (based in contract, restitution, trusts and the Trade Practices Act 1974 (Cth)). The judgment is not an easy one to follow, but careful reading reveals an interesting examination of a number of important issues turning in particular on the intention of the parties and the contractual relationship which was superimposed on the complicated licence fee scheme created by the Act.

Keywords: Tobacco Franchise License Fees, Contracts

Suggested Citation

Voon, Tania, Roxborough v Rothmans of Pall Mall Australia Ltd: Contractual Fallout from Tobacco Franchise License Fees (1999). 15 Journal of Contract Law 81-93. Available at SSRN: https://ssrn.com/abstract=2664417

Tania Voon (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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