McCabe v British American Tobacco Australia Services Ltd

McCabe sued British American Tobacco Australia Services Ltd over claims related to tobacco use. The dispute reached the court with McCabe seeking to strike out the defendant's defence, arguing that the defendant had destroyed documents both before the proceedings were initiated and during a period when no other litigation was pending. McCabe contended that the destruction occurred at a time when litigation was anticipated, and the purpose behind the destruction was to impede the discovery process. McCabe also argued that the defendant had failed to comply with discovery orders, which amounted to an abuse of the court process and a breach of the duty of candour required in discovery. McCabe further claimed that the destruction of documents denied them a fair trial.

The court had to determine whether the defendant's actions constituted a breach of their obligations under the rules of court, specifically regarding the duty of candour and the consequences of destroying documents before and during a period of anticipated litigation. The court also needed to assess whether the destruction of documents and the failure to comply with discovery orders amounted to an abuse of process, thereby justifying striking out the defence. Additionally, the court considered whether the defendant's actions deprived the plaintiff of a fair trial.

The court found that the defendant's destruction of documents before the proceedings were initiated and during a period when litigation was anticipated constituted a breach of their duty of candour. The court concluded that the purpose of the document destruction was to hinder the discovery process, which amounted to an abuse of the court's process. The court determined that the plaintiff had been denied a fair trial due to the defendant's actions. Consequently, the court struck out the defendant's defence under RSC Orders 24.02 and 24.05.