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

Prev Next Index