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.
JUSTICE YATES 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.”
JUSTICE YATES CONSPIRED
Federal Court appeal judgments are delivered within 3-months and in the Federal Court of Australia Annual Report for 2015/16 it states:
The Court has a goal of delivering reserved judgments within a period of three months.
During the Yates J 8-month and 2-day stoppage Post dumped the Musashi brand in an on-sell at a $40 million loss and the new owners Vitaco Holdings Limited completed a $332 million initial public offering on the Australian Securities Exchange promoting the Musashi brand while concealing the Federal Court Proceedings that exposed Post violations of U.S. antitrust laws.