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

Prev Next Index