Day 068 - 16 Dec 94 - Page 20
1
2 The second matter is this, Mr. Morris, as you are the
3 Defendant cross-examining at the moment: we have had a lot
4 of answers along the lines of "someone told me this". On
5 the face of it, that is hearsay. At the end of the day, it
6 may be that it will not be admissible. If it is a
7 statement against McDonald's interests, then it may be. If
8 it is produced as the subject, if McDonald's choose to do
9 this, of a new Civil Evidence Act notice as a statement
10 made to someone and made subject to the Civil Evidence Act,
11 then again it may become admissible in evidence as to the
12 truth of the contents.
13
14 I have not stopped questions and answers about it, because
15 you wanted to ask the questions, but the answers may or may
16 not be admissible evidence of the truth of what was said,
17 at the end of the day.
18
19 You do not need to worry about that, because I am saying
20 that some of the things which are said may not be
21 admissible in evidence to help McDonald's using -----
22
23 MR. MORRIS: I understand that.
24
25 MR. JUSTICE BELL: I am just registering the point now. The
26 mere fact that I have not said: "Well, we cannot have
27 that, it is hearsay" does not mean to say that it is
28 evidence at the end of the day.
29
30 MR. MORRIS: Yes. I am completely thrown off my track now.
31
32 MR. JUSTICE BELL: Sit down and get your place before you start
33 again.
34
35 MR. MORRIS: Just to go back to the import policy on using local
36 products as far as possible. What about countries that
37 have a very strong beef industry, beef production, cattle
38 ranching, countries that have very strong cattle ranching,
39 an extensive cattle ranching industry, have enough
40 available beef in that country, would that policy apply to
41 that country, as well?
42 A. Yes, it does.
43
44 Q. So on what grounds would a country like that import beef?
45 A. On grounds -----
46
47 Q. Say Australia, for example?
48 A. Australia? For example, Australia is one of the
49 largest world players when it comes to beef. They have
50 very cheap raw materials -- or, not cheap, let me clarify
51 that -- very inexpensive, very high quality raw materials,
52 beef. There has never been any incentive for us to import
53 any beef into Australia, because we have the quality and we
54 have the cost and our customers want Australian beef. Our
55 management has never been challenged or seen the need to
56 import beef into Australia, so they only use beef from
57 Australia.
58
59 Q. But if they wanted to, they could import?
60 A. They have the option, if they feel there is a need and
