[Intl-tobacco] Australia: Setback in McCabe suit

[Robert Weissman]

McCabe family loses tobacco legal challenge. 03/10/2003. ABC News Online

[This is the print version of story
http://www.abc.net.au/news/newsitems/s959351.htm]

Last Update: Friday, October 3, 2003. 1:17pm (AEST)

McCabe family loses tobacco legal challenge

The children of Victorian woman Rolah McCabe, who died of lung cancer
last year, have lost their legal challenge against British American
Tobacco (BAT) at the High Court in Melbourne today.

The McCabe family face substantial legal costs.

Ms McCabe was the first Australian to win compensation from BAT after
the Victorian Supreme Court ruled the company deliberately destroyed
documents which would have helped her claim.

However, that decision was overturned on appeal.

Ms McCabe's children then sought special leave in the High Court, but
their application was today dismissed.

Their lawyer, Peter Gordon, says it is a disappointing result.

"It needs to be stressed that this decision is the end of one
application in the McCabe case, it's not an end of the McCabe case
itself," he said.

"It's our belief that responsibility now rests with many others, with
governments and regulatory authorities both in Australia and overseas to
pursue what has been exposed in the Rolah McCabe case."

BAT's John Galligan has welcomed the decision.

"We are grateful that the High Court has upheld basically our point of
view," he said.

"Today has shown that the strategies employed by Slater and Gordon to
deny our defence was not only inappropriate and unnecessary but legally unsustainable."

The McCabes will now consider further action in the Victorian Supreme Court.

Attorney-General

Victorian Attorney-General Rob Hulls believes the case is of national
significance, and raises important issues about the destruction of documents.

Mr Hulls says today's decision essentially upholds that handed down by
the Court of Appeal.

"I believe the Court of Appeal raised the high jump bar too high in
relation to the destruction of documents," he said.

"That's why as a state government we sought to intervene before the High
Court. We were not successful, but it's important that I look at other
avenues to protect against the destruction of documents."

Bid to sue tobacco giant founders

October 3, 2003

The family of the late Rolah McCabe, the lung cancer sufferer who sued
British American Tobacco, today failed in a bid to have an appeal heard
before the High Court.

Victorian Supreme Court Judge Justice Geoffrey Eames last year struck
out BAT's defence after ruling the company deliberately destroyed
documents to prevent smokers suing over smoking related illnesses.

He made a default judgment in April last year and a jury later awarded
Mrs McCabe $700,000.

But in December last year the Victorian Court of Appeal found Justice
Eames' decision was flawed and allowed BAT's appeal.

Today, the High Court, presided over by Chief Justice Murray Gleeson,
ruled there were no grounds on which special leave to appeal against the
ruling could be allowed.

Mrs McCabe died in October last year.

- AAP

This story was found at:
http://www.theage.com.au/articles/2003/10/03/1064988384036.html