Day 083 - 06 Feb 95 - Page 32
1 provide is a right of inspection to McDonald's for the
2 purpose of monitoring the performance of the contract.
3 That is my submission.
4
5 MS. STEEL: Does it actually say that on the documents?
6
7 MR. RAMPTON: No, my Lord, it does not say it on the document.
8 It is possible sometimes that men of commerce and lawyers
9 are not quite as literal minded as that. My Lord, that, in
10 our submission, is the plain reason and purpose for those
11 provisions in the specification. I am not going to repeat
12 what I said earlier and make the rhetorical questions that
13 I asked earlier.
14
15 MR. JUSTICE BELL: I will break off there and come back at
16 2 o'clock and see how far we can go with other matters.
17
18 (Luncheon Adjournment)
19
20 MR. MORRIS: Right. Documents sought, Brazil, map on display
21 showing farm sources. The Plaintiffs have disclosed the
22 documents. They were not sure if it was the one that was
23 actually on display or relevant to their Brazilian supplies
24 in Brazil for their own use. I presume they are saying
25 that is the map; is that correct?
26
27 MR. RAMPTON: If that is a question to me, my Lord, our belief
28 is that it is the Braslo map. As I indicated this
29 morning -----
30
31 MR. JUSTICE BELL: The one I was given a copy of?
32
33 MR. RAMPTON: The coloured one, my Lord, yes. As I indicated
34 this morning, it has been couriered to the United States.
35 It cannot be faxed because it is coloured, so it has been
36 couriered to the United States for confirmation that it is
37 the Braslo map. Supposed it is, then as I submitted this
38 morning, that is where that particular claim stops, because
39 at the moment there is no issue in the case about where
40 Braslo gets its meat; the only issue being where the Vesty
41 meat came from. There was no order in relation to that
42 map, but I think I said this morning it was volunteered by
43 Dr. Gomez Gonzales. At the moment, therefore, it could
44 only go to credit.
45
46 MR. JUSTICE BELL: What is the position and what, if anything,
47 is going to happen with regard to that?
48
49 MR. RAMPTON: My Lord, we thought it right because your
50 Lordship, I think it was, indicated that would you like to
51 see a copy of the map if it were possible to try to get a
52 copy. We will get confirmation from the United States
53 whether or not that is the Braslo map. At the moment there
54 is no reason to take it any further than that. It is
55 secondary evidence of the sources of supply in Brazil of
56 the meat which Braslo uses. As one can plainly see, if it
57 is admissible evidence, those sources are all far distant
58 from any rainforest area.
59
60 MS. STEEL: Can I ask something which was that Mr. Rampton just
