It is a second shock for the tobacco industry in a week's time only as a high court has refused the appeal of the big tobacco industry against the new plain packaging law recommendations.

The government and anti-smoking lobbyists are standing firm with their decision of bringing the new plain packaging laws soon to the markets to put a halt over the increasing use of tobacco and cigarettes especially among teenagers.

Since long, British American Tobacco Australia is making efforts to bid to access privileged 1995 Commonwealth documents about plain packaging passed under Freedom of Information laws but it seems that all powers are working against their concerns as they were refused leave on Friday to appeal to the court for their side.

High Court officials ruled out on Wednesday the above facts following which the tobacco companies have started claiming that the legislation is unconstitutional and opposed the laws, which are now cleared to take effect from December.

On one hand, the court hears Mr. Michael Wheelahan SC, for British American Tobacco saying that they wanted to "correct errors of principle concerned with waiving privilege that has been made by the Administrative Appeals Tribunal in refusing a copy of the advice" whereas on the other hand, Mr. Peter Hanks QC, for the health department, said that the company's appeal is inappropriate and it is just their conspiracy to give a third-guess to the tribunal on a question of fact.