Day 233 - 26 03 96 - Page 30

 
 

                                                                  DAY 233
 
 
 
 
 
     1
     2   MR. JUSTICE BELL:  Thank you, Mr. Lyman.  Just leave the volume
     3        there.
     4
     5                        (The witness withdrew)
     6
     7   MR. JUSTICE BELL:  Now, what are we going to do next?
     8
     9   MR. MORRIS:  I do not know, actually.
    10
    11   MS. STEEL:   I grabbed the papers I could a bit hastily on my
    12        way here.  They are not sorted out so, certainly before
    13        lunch, I am not ready to go -----
    14
    15   MR. JUSTICE BELL:  The things we have got to do, sooner rather
    16        than later -- there is the question of your amended
    17        defence, which I have not looked at but I will look at as
    18        soon as we have a break.  If there is anything which you
    19        want to say with regard to the various discovery points in
    20        addition to what Mr. Morris wants to say -- and my
    21        recollection is that Mr. Morris had not replied to
    22        Mr. Rampton in relation to the question of power, so far as
    23        suppliers of patties are concerned, in Costa Rica,
    24        Guatemala and Brazil -- because quite apart from any
    25        question of whether I think it would be useful to have the
    26        documents which you want, consisting of lists of farms and
    27        maps of them, there is the question of whether I can
    28        usefully order discovery if the documents are not in the
    29        power of the First Plaintiff.  We can forget the Second
    30        Plaintiff for present purposes.
    31
    32        I gave a ruling on the principles which I would apply if
    33        that question arose -- I think it was 27th February last
    34        year.  Obviously, I must stick to those principles.  It is
    35        just a question of whether you or Mr. Morris have an
    36        argument in relation to the particular facts relating to
    37        suppliers in Costa Rica, Guatemala and Brazil.
    38
    39        I cannot remember whether you were here, but Mr. Morris
    40        will remember that Mr. Cesca, I think, was questioned about
    41        some of the forms of specifications.  But I actually do not
    42        have any documentation -- correct me if I am wrong --
    43        direct documentation in relation to the position of
    44        suppliers in Costa Rica, Guatemala and Brazil.  But however
    45        that may be, you have a right to say anything you want
    46        about that.
    47
    48   MS. STEEL:  I was just going to say:  is there any dispute that
    49        they are joint ventures?
    50 
    51   MR. JUSTICE BELL:  No, there is not.  But Mr. Rampton referred 
    52        to two cases, which I referred to in my ruling last year, 
    53        that even where a subsidiary is 100 per cent owned, that
    54        does not mean that the company which owns it has power over
    55        the documents in its subsidiary's possession.  It surprised
    56        me when I first read it, but that appears to be the law.
    57
    58        So Mr. Rampton says it does not matter that Braslo and,
    59        what I will call for convenience, McDonald's of Costa Rica,
    60        McDonald's of Guatemala -- although the companies actually
 
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