Question
3. Case review: Read McCabe v British American Tobacco Australian Services Ltd [2002] VSC 73: https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSC/2002/73.html a) What are the facts of this case? b)
3. Case review: Read McCabe v British American Tobacco Australian Services Ltd [2002] VSC 73:
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSC/2002/73.html a) What are the facts of this case? b) What were the issues for determination?
c) What did the court determine?
d) What was the reasoning of the court?
In relation to this case, also read this article:
i. M Harvey and S LeMire 'Playing for Keeps? Tobacco Litigation, Document Retention, Corporate Culture and Legal Ethics' (2008) 34(1) Mon ULR 163. http://www.austlii.edu.au/au/journals/MonashULawRw/2008/7.pdf
a) Discuss the discovery, default and issues arising, especially ethical issues.
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