Justice David Markey Yates (Yates J) docket Judge of the NSD940/2014 James William Christian v Société des Produits Nestlé SA & Ors – Federal Court of Australia proceedings (Federal Court proceedings) lied to conceal his association with Nestlé and Post Holdings (Post) lawyers at a hearing on 28 October 2014.
From left to right: Justice David Yates, the docket judge of the (Federal Court proceedings) and Kate Haddock, partner at Banki Haddock Fiora (Nestlé and Post Holdings) former IP lawyers.
(YATES J) COMMITTED PERJURY
(Yates J) committed perjury while trying to cover up issues raised by (Christian) about injustice and bias, in (Yates J) having provided a 42-day stoppage to facilitate the Nestlé and (Post) cover up and in (Yates J) having co-authored a book with Nestlé IP lawyers Banki Haddock Fiora partner Kate Haddock, with (Yates J) and (Christian) statements from the hearing transcript at page-8:
YATES J: “I can stop you there, Mr Christian. I haven’t written a book with Ms Haddock. I don’t know what you’re talking about.”
MR CHRISTIAN: “Okay.”
YATES J: “So you are mistaken.”
MR CHRISTIAN: “Well, I don’t know how to – I don’t know what else to say apart from, I’ve got a title here that has your name on it, David Markey Yates and Kate Haddock.”
YATES J: “I have absolutely no idea what that’s about. Would you like to tell me what the title is?”
MR CHRISTIAN: “Yes. The title is Trademarks & Passing Off. It was written – the publication was written in 1993.”
YATES J: “Who published it?”
MR CHRISTIAN: “It doesn’t say who the publisher is, but the book is at the State Library of Victoria and that your name, your Honour, and Kate Haddock are authors on the book.”
YATES J: “Well, it’s not me. I have written no book and I have written no book with Ms Haddock. There’s another D.M. Yates who practices in the area of intellectual property. I don’t know whether he is the person who is the author of that book with Ms Haddock. It’s not me.”
But on 3 November 2014 in response to an email from (Christian), David Yates, a partner at Corrs Chambers Westgarth lawyers, the other Yates referred to by (Yates J), stated by email:
“No I am not the author of the book. And that will be the Judge.”
And on 5 November 2014 an email was sent to the chambers of (Yates J), from Nestlé and (Post) trademark lawyers Banki Haddock Fiora stating:
“Mr Christian’s reference appears to be correct. Although Ms Haddock has no recollection of the event.”
Nestlé commenced legal proceedings against (Christian) for a collateral purpose and as a result of Banki Haddock Fiora negligence in handling the matter the firm is no longer listed as the legal representatives for Nestlé trade marks at IP Australia after 15+ years of representation.