Day 154 - 13 Jul 95 - Page 02

     1                                      Thursday, 13th July, 1995
     3   MR. JUSTICE BELL:  Yes?
     5   MS. STEEL:  We wanted to ask for an adjournment for up to an
     6        hour, really, half an hour to an hour, because we spent all
     7        of last night getting legal advice and preparing for the
     8        legal argument tomorrow, and we did not have time to go
     9        through our notes and put them in order with respect to the
    10        questions that we want to ask Mr. Davis.  We are certain
    11        that we will be finished today, in any event, unless
    12        something entirely unexpected crops up.  I think it will,
    13        in fact, save time in court if we get our notes in order
    14        and our questions in order before restarting
    15        cross-examination.
    17   MR. JUSTICE BELL:  You can give me an absolute assurance that
    18        you will finish Mr. Davis, can you?
    20   MS. STEEL:   Yes; as I said, unless something entirely
    21        unexpected crops up that he has not mentioned before but,
    22        otherwise, yes.
    24   MR. JUSTICE BELL:  I am not happy with any exception to the
    25        assurance.  The interlocutory matters for next week may be
    26        important.  It may be important to take advice.
    28   MS. STEEL:  No, not for next week, for tomorrow, over the
    29        transcripts because -----
    31   MR. JUSTICE BELL:  What is the nature of that application?
    33   MS. STEEL:   The thing is, Mr. Morris has a list of authorities,
    34        which I have not checked through, which the Plaintiffs
    35        asked for yesterday; they said they wanted them today.
    37   MR. JUSTICE BELL:  Yes, but what is the application tomorrow?
    38        (Pause)  Just tell me in two or three words what the
    39        application is.  I am not asking you to argue it now.
    41   MR. MORRIS:  We are saying that the court does have discretion
    42        to ensure that we are provided with transcripts.
    44   MR. JUSTICE BELL:  But why do I have to deal with that tomorrow
    45        rather than, say, next Tuesday?
    47   MR. MORRIS:  Because tomorrow is the first time when we are not
    48        going to have transcripts.  We have transcripts from
    49        yesterday today, but today's transcript we are not going to
    50        have tomorrow.  Therefore, our position is that the trial 
    51        would become impossible for us as from the first moment 
    52        when we do not get transcripts.  Therefore, we are making 
    53        the strongest possible application tomorrow, with as much
    54        legal research as we can possibly do, so that we have as
    55        many of the authorities which can help you make a decision
    56        on the subject.  That is the situation as from tomorrow.
    58   MR. JUSTICE BELL:  No.  You say you are making the application
    59        tomorrow.  You will only make it tomorrow if I allow you to
    60        make it tomorrow.

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