JUSTICE DAVID YATES LIED TO CONCEAL ASSOCIATION WITH NESTLÉ
Posted on 02 August 2016
Nestlé and Post Holdings (“Post”) were applicants in the Musashi trademark action brought against the James William Christian (“Christian”) business A-Sashi Vitamins (“A-Sashi”) under the Trade Marks Act 1995 filed on 20 December 2013 commenced in the Federal Circuit Court of Australia proceedings – SYG3214/2013 Société des Produits Nestlé SA & Ors v James William Christian (“FCC proceedings”) and respondents in the (“Christian”) appeal commenced in the Federal Court of Australia proceedings – NSD940/2014 James William Christian v Société des Produits Nestlé SA & Ors (“Federal Court proceedings”).
From left to right: Justice David Yates, the docket judge of the ("Federal Court proceedings"); Judge Nicholas Manousaridis, the docket judge of the ("FCC proceedings"); and Kate Haddock, partner at Banki Haddock Fiora (Nestlé and Post Holdings) former Australian IP lawyers.
(“MANOUSARIDIS J") CONSPIRED WITH (“YATES J”) TO FACILITATE ("POST") CLOSING THE ACQUISITION OF ("POWERBAR + MUSASHI") PRIOR TO 3 NOVEMBER 2014 WHILE CONCEALING VIOLATIONS OF U.S. FEDERAL SECURITIES AND ANTITRUST LAWS
Musashi trademark litigation in the (“FCC proceedings”) revealed (“Post”) violations of U.S. federal securities and antitrust laws and contraventions of the Australian Competition and Consumer Act 2010 ("CCA").
To avoid the possibility of exposing material facts in the Australian Court proceedings to U.S. federal law enforcement agencies, (“Post”) conspired to conceal the (“FCC proceedings”) from the reporting of the acquisition of, the PowerBar + Musashi brands and related worldwide assets (“PowerBar + Musashi”) for (“SEC”) mandatory filings and delayed the closing of the acquisition by 6-months to wait for the (“FCC proceedings”) to finalise, however the (“FCC proceedings”) became protracted and interfered with the (“Post”) 3 November 2014 buyer's obligation deadline for the closing of the acquisition.
To facilitate the ("Post") closing of the acquisition of ("PowerBar + Musashi") and IP re-assignment of the Australian registered trademarks from Nestlé effective on 20 October 2014 while concealing Musashi trademark litigation in the (“FCC proceedings”) and the pending appeal in the (“Federal Court proceedings”), Judge Nicholas Manousaridis (“Manousaridis J”) docket judge of the ("FCC proceedings") conspired with (“Yates J”) docket judge of the ("Federal Court proceedings") and the Sydney Registry to fabricate and display a false finalised status of the ("FCC proceedings") on the Commonwealth Courts Portal (“CCP”) from 17 October–28 October 2014 in sync with (“Yates J”) stopping the ("Christian") appeal from commencing in the (“Federal Court proceedings”) by (“Yates J”) causing a 42-day stoppage in the granting of the, application for leave to appeal filed by (“Christian”) on 16 September 2014 (“app for leave to appeal 16 Sept 2014”) from 16 September–28 October 2014.
JUSTICE DAVID YATES COMMITTED PERJURY
At the 28 October 2014 hearing in the (“Federal Court proceedings”) on the 42nd day of the stoppage, (“Yates J”) committed perjury by knowingly making false statements in an attempt to refute issues of concern raised by (“Christian”) about (“Yates J”) causing the stoppage to assist Nestlé and ("Post”) and (“Yates J”) co-authoring a book with Nestlé IP lawyer, 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.”