Day 190 - 23 Nov 95 - Page 39


     
     1        matter, it may well be very useful.
     2
     3   MR. JUSTICE BELL:  I think it is useful generally, because I
     4        have got to get to grips with it sooner or later because,
     5        in due course, I will have to ask myself whether I can rely
     6        on this or that.
     7
     8   MR. RAMPTON:  I respectfully agree with that and it is going to
     9        arise quite a lot, I think, particularly in the area of
    10        employment.  It is with that more general consideration in
    11        mind that I mention the case decided by the Privy Council
    12        in the New Zealand case the other day.  I do not know if
    13        one needs to look at it for today's purposes.  The English
    14        authorities seem to be pretty clear.
    15
    16        My Lord, there is only one other thing.  Miss Lamb's notes
    17         -- I have been looking through her contemporaneous notes
    18        of her experiences -----
    19
    20   MR. JUSTICE BELL:  Miss Lamb's?
    21
    22   MR. RAMPTON:  It is in Mr. Morris' letter where he said, "[NB:
    23        Miss Lamb is looking for her contemporaneous notes of her"
    24        -- this is in square brackets -- "experiences at
    25        McDonald's]."  If she should have any success in that, we
    26        would suggest that we are given copies before she gets into
    27        the witness box.
    28
    29        (At this point, copies of an authority are distributed).
    30
    31   MR. JUSTICE BELL:  Can you share one copy for the moment?  You
    32        can make another copy on the machine here, if
    33        Mrs. Brinley-Codd has no objection.  Give them both to
    34        Mr. Rampton.  I suggest you have the book as well in case
    35        there is anything which is missing.
    36
    37   MR. RAMPTON:  My Lord, one sees who the representation is made
    38        to at the end of the holding on page 428.
    39
    40   MR. JUSTICE BELL:  Where is that?
    41
    42   MR. RAMPTON:  I think there are two holdings -- it is annoying
    43        when they do that -- but it is the last part of the holding
    44        in the left-hand column on page 428.  It says:
    45
    46             "The bank manager had in a previous action by
    47             another plaintiff given evidence of the practice
    48             of the bank in making such loans to customers.
    49
    50             Held, that the manager being a person authorised 
    51             to make admissions on the part of the bank, his 
    52             evidence might be read on the part of the 
    53             plaintiff in this action so far as relevant to
    54             the matters now in question."
    55
    56        I think that is what it was (inaudible).  We would have to
    57        look at the judgment to see what Kekewich J. said about
    58        that.
    59
    60   MR. JUSTICE BELL:  It looks as if it is either the holder of

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