Day 068 - 16 Dec 94 - Page 24
1 processes, you have to have this equipment. It is up to
2 you. If you want to produce for us, you buy that kind of
3 equipment." They have the option that if they want another
4 equipment that they think will make that the same quality
5 product, they have that option. But it is clear that if it
6 does not meet our requirements, we are not responsible
7 financially for that piece of equipment and we will not buy
8 their products.
9
10 MR. MORRIS: So you help to install this special equipment?
11
12 MR. JUSTICE BELL: I know what is involved in this area of the
13 case. It is fair enough that we should just know in
14 general terms what it is happening. But, at the end of the
15 day, does the actual equipment have anything to do with
16 what you are really getting at in this area?
17
18 MR. MORRIS: I think it does, yes.
19
20 MR. JUSTICE BELL: I would invite you to get to it fairly
21 quickly.
22
23 MR. MORRIS: Did you help them install this special line or
24 special equipment?
25 A. I did not help them install them. At that time when it
26 was built, Paul Simmons made some recommendations. We do
27 not get involved in the instalment part. We do get
28 involved in making sure, in making recommendations, as to
29 how they should run the line, what kind of equipment they
30 are. At the end, all our major concern, major focus, is
31 that we produce and that we meet all of our specifications
32 in terms of quality, in terms of safety with that
33 equipment. But we do not go there and install that piece
34 of equipment.
35
36 Q. I understand that. So when did Paul Simmons get involved
37 with the setting up of this special equipment?
38 A. We get involved -----
39
40 Q. What year was that?
41 A. Oh. When it started. I do not know when they
42 started. I am not sure about when they started. But it is
43 normal practice for us to get involved from the very
44 beginning, so that we can make sure that they do not buy
45 the wrong kind of equipment, and then we have to come back
46 and say: "No, that equipment is not going to work."
47
48 One of the reasons -- if I may add -- we are changing
49 supplier, and it is a very strong supplier, is that they
50 were going to buy a bigger freezer, what is called an
51 instant quick freezer, for our patties. We told them that
52 that equipment was not going to produce the attributes we
53 were looking for and it will affect the flavour of the
54 patties.
55
56 MR. MORRIS: If I an interrupt you; it is just that we are
57 going off on a tangent.
58
59 MR. JUSTICE BELL: I think we are a bit. In fact, we may have
60 gone off at a bit of a tangent, anyway. I would invite you
