Campbells Cash and Carry Pty Ltd v Fostif Pty Limited [2006] HCA 41

ON 30 AUGUST 2006, the High Court of Australia delivered Campbells Cash and Carry Pty Ltd v Fostif Pty Limited [2006] HCA 41; (2006) 229 ALR 58; (2006) 80 ALJR 1441 (30 August 2006).

The High Court ruled that representative proceedings brought in the Supreme Court of NSW by seven retailers to recover tobacco licence fees from Campbells Cash and Carry Pty Ltd and other tobacco wholesalers were not in accordance with the Court Rules.

The court held that an agreement with a non-party to fund the costs of a party’s legal proceedings in return for reward (ie litigation funding) was not in itself an abuse of process or contrary to public policy.

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