Australian legal stoush finishes: Long-running British American Tobacco case by McCabe family is over

THE decade-long court case between British American Tobacco (BAT) and the family of lung cancer victim Rolah McCabe has been quietly wrapped up in the Victorian Supreme Court.

In a statement released by BAT, the tobacco company says both parties have agreed to resolve their claims by walking away.

Ms McCabe won a landmark case in 2002 when she became the first person to successfully sue a tobacco company.

She was awarded $700,000 but, on appeal, and two months after she died at age 51, the verdict was overturned and costs were awarded against the McCabe family.

BAT had been pursuing Ms McCabe's son Jamie to sell the family home at Cranbourne to help pay the costs.

Outside the court, Mr McCabe read a statement that said his mother's decision to take on the world's second biggest tobacco company was a difficult one, particularly as she was battling terminal lung cancer.

"She did it because she believed it was the right thing to do," he said.

"It has been a long battle but Mum would have been proud of us for preserving her legacy, just as ll of her children will always be proud of her.

"While I am unable to comment on the details of the settlement in any way, we are relieved it is all over and we can get on with our lives."

In a three-paragraph statement, BAT said the two parties had agreed to the dismissal of the court proceedings and resolve the issue by walking away.

"The settlement does not include any payment whatsoever by or on behalf of British American Tobacco or the McCabe estate," it said..

www.CourierMail.com.au


CONSUMER WATCH COMMENT: British American Tobacco will one day finally meet their match and their David and Goliath tussle with the McCabe family will look like a stroll in the park.  To pursue the grieving family for legal costs shows the heartless attitude of British American Tobacco (BAT) which will eventually come back to haunt them.