Roxborough v Rothmans of Pall Mall Australia Ltd

JurisdictionAustralia Federal only
CourtFederal Court
Neutral Citation1999-1111 FCA I,1999-0218 FCA C
Date1999
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14 cases
  • Equuscorp Pty Ltd v Haxton
    • Australia
    • High Court
    • 8 March 2012
    ...the payment has failed to materialise or, if it did exist, has failed to sustain itself.’ 32 As Gummow J pointed out in Roxborough v Rothmans of Pall Mall Australia Ltd 54, failure of consideration for the purpose of a claim for money had and received is not confined by contractual principl......
  • Roxborough v Rothmans of Pall Mall Australia Ltd
    • Australia
    • High Court
    • 6 December 2001
    ...for the respondent (instructed by Clayton Utz) Business Franchise Licences (Tobacco) Act 1987 (NSW), ss 41, 45. Roxborough v Rothmans of Pall Mall Australia Limited Contract — Money had and received — Total failure of consideration — Contract between wholesaler and retailers — Wholesale cos......
  • Royal Botanic Gardens and Domain Trust v South Sydney City Council
    • Australia
    • High Court
    • 14 February 2002
    ...... [2002] HCA 5 HIGH COURT OF AUSTRALIA Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, ... (Australia) Ltd (1986) 160 CLR 226 at 241; Roxborough v Rothmans of Pall Mall Australia Ltd (2001) 185 ALR 335 ......
  • Farah ConstructIons Pty Ltd v Say-Dee Pty Ltd
    • Australia
    • High Court
    • 24 May 2007
    ...is not a ‘definitive legal principle according to its own terms’ 128. If it were not so, as Gummow J pointed out in Roxborough v Rothmans of Pall Mall Australia Ltd129: ‘[S]ubstance and dynamism may be restricted by dogma. In turn, the dogma will tend to generate new fictions in order to re......
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