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
Date Written: 1999
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
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