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Tob Control 11:271-274 doi:10.1136/tc.11.3.271
  • Industry Watch

The shredding of BAT's defence: McCabe v British American Tobacco Australia

  1. J Liberman
  1. Correspondence to:
 Mr Jonathan Liberman, Solicitor to VicHealth Centre for Tobacco Control, c/o 1 Rathdowne Street, Carlton South, Victoria 3053, Australia;
 jliberman{at}bigpond.com

    Abstract

    On 11 April 2002, a Victorian supreme court jury ordered British American Tobacco Australia to pay Rolah McCabe $A700 000 in damages. Rolah McCabe is a 51 year old woman dying of lung cancer. She is the first smoker ever in Australia to obtain a damages verdict against the tobacco industry

    Footnotes

    • * The process of “discovery” is the process by which relevant documents are brought before the court to enable a fair and informed decision to be reached.

    • Justice Eames also made a number of findings about the role of BAT's other solicitors, Mallesons Stephen Jaques, in this strategy.

    • http://www.austlii.edu.au/cases/vic/VSC/2002/73.html

    • § Bracketed numbers refer to paragraph numbers in the judgement.

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