Day 071 - 11 Jan 95 - Page 39


     
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     2   MR. MORRIS:  So that is out of that immediate block, the Haagen
     3        Dazs is a bit further away than Safeways?
     4        A.  Not very much further though; they do impact us though.
     5
     6   Q.   So what is the approximate volume of the Safeways take-out
     7        business as compared to McDonald's -- just roughly?
     8
     9   MR. JUSTICE BELL:  Can you possibly answer that?
    10        A.  I cannot answer that, sir, no.
    11
    12   MR. MORRIS:  It obviously is the biggest anyway on that block.
    13
    14   MR. JUSTICE BELL:  He said it is probably the busiest take-away
    15        on that block.  You must ask yourself whether you can
    16        really do better than that.
    17
    18   MR. MORRIS:  But do you happen to know what percentage of
    19        McDonald's rubbish is; any idea whether it is 50 per cent,
    20        70 per cent?
    21        A.  I could not guess that at all, no.
    22
    23   Q.   We will leave it there.
    24
    25   MR. JUSTICE BELL:  Yes, all right.  When we continue in the
    26        morning and when you make any submissions which you make
    27        about the blanked out documents, remember that this is a
    28        very specific part of the case, this cluster of witnesses
    29        which is environment/index.html">litter, and to remind you the case was GE Capital,
    30        Corporate Finance Group v. Bankers Trust Company and
    31        Others.  The judgments of the Court of Appeal were given on
    32        29th July.  It was reported in The Times on 3rd August
    33        1994.  It is a photocopy of that report which I gave to
    34        you.  I do not know whether it has been reported in any
    35        orthodox law report; if it has, we should get copies of
    36        that.  I will myself try tonight to get a copy of the
    37        transcripts from the Supreme Court library.  But it is not
    38        a matter of just deciding what, if one were sitting under a
    39        palm tree, might be thought to be just or not; it is
    40        governed by Court of Appeal authority.
    41
    42   MR. MORRIS:  Yes.  Can I ask the Plaintiffs to bring in the
    43        completed documents in case we decide we wish to have them.
    44
    45   MR. JUSTICE BELL:  That is for them to decide.  If they have
    46        them readily available, it might be wise to do it just in
    47        case.  The other thing you have to do -- I do not know how
    48        readily available they are -- is before you go away quickly
    49        flip through and identify those copies which are inadequate
    50        in the sense that you cannot read what was copied.  We will 
    51        resume at 10.30. 
    52 
    53             (The court adjourned until the following day)
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