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
