Day 024 - 15 Sep 94 - Page 60
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2 MR. MORRIS: Fair enough.
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4 MR. JUSTICE BELL: Mr. Gardner cannot say whether it
5 strengthens his position or not. He might infer (as
6 I might) that Harvey Anderson had a view which was not so
7 very different from his but that the author of the letter
8 disagreed.
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10 MR. MORRIS: What I am saying is not whether Harvey Anderson's
11 view was correct, but that this strengthens his view that
12 McDonald's were knowing in that they had been advised.
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14 MR. JUSTICE BELL: Quite frankly, Mr. Gardner's view on that
15 does not help me. It is my view.
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17 MS. STEEL: I would think that because Mr. Gardner has studied
18 consumer protection and that was his area of expertise
19 that he does have a valid view of it.
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21 MR. JUSTICE BELL: He does but he has given it. That is the
22 point, do you see? He has given evidence in relation to
23 the cholesterol ad which I will consider. What I cannot
24 see at the moment is how he can add to that evidence by
25 commenting on this letter or memo.
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27 MR. MORRIS: Can we have a couple of minutes to see if we have
28 any further questions?
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30 MR. JUSTICE BELL: Yes. (Pause). You cross-examined
31 Mr. Horwitz on it, which is fair enough, and that is all
32 in the transcript. You have Mr. Gardner's view of the
33 cholesterol ad. He has told me about his expertise in
34 these matters.
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36 THE WITNESS: Your Lordship, would the court entertain a
37 request from the witness for a brief recess?
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39 MR. JUSTICE BELL: Yes. How long do you want? A couple of
40 minutes?
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42 THE WITNESS: Yes.
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44 MR. JUSTICE BELL: Yes. (Pause).
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46 MR. JUSTICE BELL: I understand what Mr. Gardner is saying,
47 that McDonald's must have known that the ads including the
48 cholesterol one were deceptive. I have heard his evidence
49 in relation to that. I understand your point that
50 McDonald's went into it with their eyes open, you would
51 say, because someone whose view is to be respected had
52 raised the possibility of the cholesterol ad being
53 misleading. I will give consideration to those points.
54 What I do not see at the moment is how Mr. Gardner's
55 comment on that can advance the matter beyond what I have
56 just said upon which I may have to make up my mind.
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58 MS. STEEL: OK. I think really all that is left is just to go
59 through things that Mr. Horwitz said in his testimony to
60 give Mr. Gardner a chance to rebut them or whatever.
