Cauvin v. Philip Morris Limited & Ors

This was the hearing of various applications by the defendant companies to strike out portions of the plaintiff's statement of claim. (Note that the judge had already struck out paragraphs of the statement of claim in an earlier judgment: Cauvin v Philip Morris Limited & Ors [2003] NSWSC 631).

The plaintiff alleged that the defendants knew that smoking caused an increased likelihood of contracting smoking related disease and nonetheless promoted the benefits of smoking and denied or minimized the risks of smoking. The plaintiff alleged that this conduct was misleading or deceptive in contravention of the Trade Practices Act and the various state Fair Trading Acts. The plaintiff further alleged that as a result of the defendants' contravening conduct "a great number of persons, including the plaintiff and other persons" had started/continued/failed to quit smoking and had suffered loss and damage as a result.

The defendant companies argued that it was not permissible for the plaintiff to seek compensatory orders on behalf of persons who were not party to the proceedings. Bell J agreed, striking out those parts of the claim that related to "other persons". Bell J observed that, as her claim was pleaded, the plaintiff had potentially claimed relief on behalf of every member of the Australian population.

(See further: Cauvin v. Philip Morris Limited & Ors [2005] NSWSC 640 (26 August 2005)).


Cauvin v. Philip Morris Limited & Ors [2004] NSWSC 644 (24 September 2004)

  • Australia
  • Sep 24, 2004
  • New South Wales Supreme Court


Plaintiff Myriam Cauvin


  • British American Tobacco Australasia Limited (formerly known as Rothmans Holdings Ltd)
  • British American Tobacco Australia Ltd (formerly known as Rothmans of Pall Mall (Aust) Ltd)
  • British American Tobacco Australia Services Limited (formerly known as WD & HO Wills (Aust) Ltd)
  • Philip Morris (Australia) Limited
  • Philip Morris Limited

Legislation Cited

Trade Practices Act 1974

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product