Cauvin v. Philip Morris Limited & Ors

This was an application by the plaintiff for an extension of time to file a further amended statement of claim.

The plaintiff alleged that the defendant companies had conspired to promote the benefits and pleasures of smoking and to deny, dispute or minimize the risks associated with smoking, for the purpose of inducing consumers to smoke cigarettes. The plaintiff alleged that this conduct constituted misleading or deceptive conduct in contravention of s52 of the Trade Practices Act. She further alleged that as a consequence of the defendants' conduct she had commenced, continued, recommenced and/or not ceased to smoke cigarettes and had therefore contracted emphysema.

The plaintiff had previously served several different versions of her statements of claim, portions of which had been struck out. At the previous hearing, Bell J had granted her 4 weeks leave to file a further amended statement of claim (see: Cauvin v. Philip Morris Limited and Ors [2005] NSWSC 640).

At the initial hearing of this application, counsel for the plaintiff conceded that the proposed pleading remained flawed and sought leave to file still another version. In relation to the further amended statement of claim, Bell J was of the view that it remained deficient, because the plaintiff had not pleaded how the defendants' alleged conduct had impacted on her personally. Nonetheless, Bell J granted leave for the amended pleading to be filed, on the basis that the deficiencies could be addressed by way of particulars.


Cauvin v. Philip Morris Limited & Ors [2006] NSWSC 185

  • Australia
  • Mar 24, 2006
  • New South Wales Supreme Court


Plaintiff Myriam Cauvin


  • British American Tobacco Australasia Limited (formerly known as Rothmans Holdings Ltd)
  • British American tobacco Australia 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