Day 190 - 23 Nov 95 - Page 39
1 matter, it may well be very useful.
2
3 MR. JUSTICE BELL: I think it is useful generally, because I
4 have got to get to grips with it sooner or later because,
5 in due course, I will have to ask myself whether I can rely
6 on this or that.
7
8 MR. RAMPTON: I respectfully agree with that and it is going to
9 arise quite a lot, I think, particularly in the area of
10 employment. It is with that more general consideration in
11 mind that I mention the case decided by the Privy Council
12 in the New Zealand case the other day. I do not know if
13 one needs to look at it for today's purposes. The English
14 authorities seem to be pretty clear.
15
16 My Lord, there is only one other thing. Miss Lamb's notes
17 -- I have been looking through her contemporaneous notes
18 of her experiences -----
19
20 MR. JUSTICE BELL: Miss Lamb's?
21
22 MR. RAMPTON: It is in Mr. Morris' letter where he said, "[NB:
23 Miss Lamb is looking for her contemporaneous notes of her"
24 -- this is in square brackets -- "experiences at
25 McDonald's]." If she should have any success in that, we
26 would suggest that we are given copies before she gets into
27 the witness box.
28
29 (At this point, copies of an authority are distributed).
30
31 MR. JUSTICE BELL: Can you share one copy for the moment? You
32 can make another copy on the machine here, if
33 Mrs. Brinley-Codd has no objection. Give them both to
34 Mr. Rampton. I suggest you have the book as well in case
35 there is anything which is missing.
36
37 MR. RAMPTON: My Lord, one sees who the representation is made
38 to at the end of the holding on page 428.
39
40 MR. JUSTICE BELL: Where is that?
41
42 MR. RAMPTON: I think there are two holdings -- it is annoying
43 when they do that -- but it is the last part of the holding
44 in the left-hand column on page 428. It says:
45
46 "The bank manager had in a previous action by
47 another plaintiff given evidence of the practice
48 of the bank in making such loans to customers.
49
50 Held, that the manager being a person authorised
51 to make admissions on the part of the bank, his
52 evidence might be read on the part of the
53 plaintiff in this action so far as relevant to
54 the matters now in question."
55
56 I think that is what it was (inaudible). We would have to
57 look at the judgment to see what Kekewich J. said about
58 that.
59
60 MR. JUSTICE BELL: It looks as if it is either the holder of
