Day 158 - 19 Jul 95 - Page 39


     
     1        statistical inevitability that McDonald's massive
     2        consumption of beef around the world without any completely
     3        clear direction, even though if they do get a completely
     4        clear direction from the highest level it can still be
     5        waived, as has been shown, but without that kind of clear
     6        direction to suppliers, its suppliers would be taking in
     7        beef supplies from all manner of sources, some of which
     8        will include ex-rainforest land in the countries where
     9        there are tropical forests.  I think it is only reasonable,
    10        I am wholly convinced by it myself, but I think it is only
    11        reasonable -----
    12
    13   MR. JUSTICE BELL:  Yes, I am afraid, as I have said to you
    14        before, that does not help me because  ---
    15
    16   MR. MORRIS:  Whether my belief is reasonable is another matter.
    17
    18   MR. JUSTICE BELL:  -- people, because you are a party as well as
    19        an advocate, can hold views for which there is every
    20        justification or for which there is no justification at
    21        all.  I have to see what I make of the particular issue you
    22        are on.
    23
    24   MR. MORRIS:  Yes.  To summarise, I think that we should be able
    25        certainly to plead that there will have been transgressions
    26        of the claimed policy written in 1989, or whatever, before,
    27        during and after 1989.  I think that is a reasonable belief
    28        and, further, that we would like to -- we have not done
    29        this -- draft up a list of specific discovery that we would
    30        like based upon this amendment, if it is carried or
    31        accepted which maybe we can do overnight and then there
    32        could be a specific application for discovery tomorrow
    33        morning.
    34
    35   MR. JUSTICE BELL:  That is jumping the gun a bit, because if
    36        there is any amendment, then the next stage is for both
    37        parties to produce a list of any documents which they have
    38        or have had in their custody, power or possession.  Then if
    39        it does not disclose a document which you say must exist or
    40        a class of documents which you say must exist, then we come
    41        to specific discovery probably at the beginning of next
    42        term.
    43
    44   MR. MORRIS:  On this last subject then, can we just add after
    45        "Further, McDonald's have had no or no coherent or
    46        consistent policy on the use of beef from ex-rainforest
    47        regions" and -----
    48
    49   MR. JUSTICE BELL:  You do not have to alter it as you have set
    50        it down.  What I have to consider is whether I should give 
    51        you leave to include the last two and a half lines in your 
    52        draft and, if not, whether I should give you leave in some 
    53        modified form such as the one I have aired myself.
    54
    55   MR. MORRIS:  Yes, but all I am saying is that the actual -----
    56
    57   MR. JUSTICE BELL:  Presumably, you would rather, if it came to
    58        this, have it in the form of my suggested draft than
    59        nothing there at all after "regions"?
    60

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