Day 057 - 29 Nov 94 - Page 25
1 been handed to us, because there were some kind of
2 misprint; a line got left out, or two lines got left out.
3 I do not know if it has been handed to the Judge?
4 Apparently, it replaces the previous one. The Australian
5 CSCs advert dispute -----
6
7 MR. JUSTICE BELL: That is the ozone friendly one, is it?
8
9 MR. MORRIS: That is the one. It was referred to on day 44,
10 page 50, line 28. I do not intend to read it now.
11
12 MR. JUSTICE BELL: I cannot remember, what day was day 44? It
13 would be towards the end of October, I would guess, early
14 November -- 2nd November.
15
16 MR. RAMPTON: My Lord, I do not know what that is a reference
17 to. I can tell your Lordship's this, that by notice of
18 admission dated 25th May 1994, it was admitted that in
19 Australia in 1989 McDonald's had to give a written
20 undertaking the Australian Trade Practises Commission not
21 to reuse advertisements which had incorrectly stated that
22 their packaging made with HCFCs was ozone friendly. How
23 any discovery is said to arise, I really do not know.
24
25 MR. MORRIS: That is fair enough then. It is possible I have
26 confused my references here because I have -- no, that was
27 the reference, yes. When it came up before -----
28
29 MR. JUSTICE BELL: Just pause a moment. I do not think there is
30 any loose end there, because the finding of the Commission
31 is, in effect, admitted and Mr. Green accepted (which was
32 an indirect point on this) that there was no system of
33 sending such findings around the world so that other
34 countries could consider them. So, you really had what you
35 wanted in that regard.
36
37 MR. MORRIS: Yes. I am sorry, it is probably my mistake because
38 from the transcript I do not think it was clear whether the
39 admission was -- I had forgotten that the admission was
40 made and it was not brought. You said something about, if
41 you want to ask for discovery -----
42
43 MR. JUSTICE BELL: That may have been because I had forgotten
44 that it was admitted in any event.
45
46 MR. MORRIS: I just want to leave out the US advertising
47 campaign until after lunch because that is, obviously, a
48 little bit more substantial and see if we can deal
49 with -----
50
51 MR. JUSTICE BELL: Is that in relation in part to the document
52 which had parts blocked out?
53
54 MR. MORRIS: Yes.
55
56 MR. RAMPTON: My Lord, I can deal with this quickly and
57 Mr. Morris does not need to come back to it after lunch.
58 It is not substantial. My recollection is that there was
59 some cross-examination probably of Mr. Green.
60
