Day 284 - 22 Oct 96 - Page 23


     
     1        equivalent to a colonial invasion.
     2
     3        And the next point is at the bottom of that large
     4        paragraph: "This is a typical example of the arrogance and
     5        viciousness of multi-national companies in their endless
     6        search for more and more profits".  We would say that is
     7        defamatory of --
     8
     9   MR. JUSTICE BELL:   I have seen that as all part of wanton.
    10        That with other factors is why McDonald's say this means,
    11        is an allegation of wanton damage.
    12
    13   MR. MORRIS:   Because they are doing it in their endless search
    14        for more and more profits.
    15
    16   MR. JUSTICE BELL:  Yes.
    17
    18   MR. MORRIS:   Yes, okay.
    19
    20   MR. JUSTICE BELL:  I am not sure there is anything in --
    21        whatever merit there may be in your argument, as I have
    22        tried to formulate it in relation to colonial imperialism,
    23        I am not sure there is any additional defamatory meaning in
    24        rainforest.
    25
    26   MR. MORRIS:   Right.  Well, they have not complained about the
    27        phrase, "helping McDonald's empire wreck the planet".  But
    28        I do not particularly want it plead that --
    29
    30   MR. JUSTICE BELL:   That may be it, and in due course, when you
    31        have grappled with comment or statement of fact, I want to
    32        you tell me whether you say that is comment or statement of
    33        fact.
    34
    35   MR. MORRIS:   Well, they have not actually in their meanings
    36        identified that as a defamatory comment.
    37
    38   MR. JUSTICE BELL:  No, it does not stop you saying it is and
    39        either justifying it or saying it is fair comment and
    40        taking it into account.  You may argue.  Mr. Rampton may
    41        say, no, I cannot, even if it does help you, I cannot look
    42        at that.  But we will hear in due course.  I want you to
    43        think about that.
    44
    45   MR. MORRIS:   Yes.
    46
    47   MR. JUSTICE BELL:  Right, okay.
    48
    49   MR. MORRIS:   Going back to the -- well, I suppose on that last
    50        point we would say it is defamatory of McDonald's and that 
    51        although they have not pleaded it and complained about it, 
    52        that we would be happy to justify that comment as fact. 
    53        (Pause)  Sorry, I do not know if I made that clear.  That
    54        sentence can be treated as a fact, a statement of fact that
    55        we will rely on evidence in the case to justify, even
    56        though McDonald's have not pleaded it, as something that
    57        they are objecting to.
    58
    59        Going back to the meanings, I do not know how much -- we
    60        sort of went off at a tangent, which was very helpful, but

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