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.