ROBERT VITALE POST HOLDINGS' CEO CONSPIRED TO CUT SUPPLY TO A-SASHI VITAMINS

Posted on 18 November 2016

POST HOLDINGS DESPERATE TO ADD BRANDS TO PORTFOLIO AT ANY COST

Post Holdings (“Post”) negative organic growth and declining core business net sales forced Robert Vitale (“Post”) CEO to drive growth through 12 consecutive acquisitions from 2012–2017 taking in Attune Foods, Michael Foods, Hearthside Food Solutions, Premier Nutrition, Golden Boy Foods, Dymatize Enterprises, Dakota Growers, PowerBar + Musashi, American Blanching Company, MOM Brands, Willamette Egg Farms and Weetabix.

Acquisitions since 2012 have been valuable but costly while (“Post”) core business segments continue to decline year on year.

With negative organic growth only offset by multiple acquisitions (“Post”) have desperately acquired new brands at any cost, but with long-term debt exceeding $5.6 billion and set to increase by a further $2 billion to close the $1.76 billion Weetabix acquisition by late 2017, (“Post”) is insolvent with net current assets of $1.3 billion consisting mainly of intangible goodwill & skyrocketing debt exceeding its market cap.


("POST") ACQUISITION OF POWERBAR + MUSASHI FROM NESTLÉ

In late 2013 when (“Post”) were preparing to acquire, the PowerBar + Musashi brands and related worldwide assets (“PowerBar + Musashi”) from Nestlé in a $500 million cash and stock deal, Nestlé conspired with (“Post”) to approach Arnet Pharmaceutical (“Arnet”) a contract manufacturer of nutritional supplements in the USA, to engage in a conspiracy to cut supply to the James William Christian (“Christian”) business A-Sashi Vitamins (“A-Sashi”).


Rob Vitale Post Holdings

FROM L-R: Paul Bulcke CEO of Nestlé; Robert Vitale CEO of Post Holdings; and William Stiritz Chairman of Post Holdings.

("POST") & NESTLÉ CONSPIRED WITH ("ARNET") TO CUT SUPPLY TO ("A-SASHI") AND FOR KING & WOOD MALLESONS TO CAUSE WILLFUL & MALICIOUS HARASSMENT

(“Arnet”) co-manufactured for (“A-Sashi”) from December 2012 but refused to continue in November 2013 after Owen Nelson PowerBar + Musashi General Manager caused (“Arnet”) to receive a supply-contract from (“Post”) for cutting supply to ("A-Sashi"). Information detailing (“Arnet”) and (“A-Sashi”) was purposely provided to Owen Nelson by Aldo D’Agostino, Head of Sales Oceania at DHL Global.

On 31 July 2013 Nestlé M&A lawyer Dr John Cusick, special counsel at King & Wood Mallesons, conspired against (“Christian”) engaging in willful and malicious harassment which included filing a complaint with the Therapeutic Goods Advertising Code Council (“TGACC”) targeting 15 (“A-Sashi”) products in complaint number 2013/07/031, with (“Christian”) advised on 28 November 2013 that the complaint was considered vexatious and withdrawn.

On 13 November 2013 (“Arnet”) cut supply to (“A-Sashi”) by refusing to accept an order with US$ 220,000 pre-payment. (“A-Sashi”) emailed (“Arnet”) President Jose Tabacinic, requesting clarification, with a reply email from Tabacinic stating:

“I was not aware that you had contacted our company before through our International Department (Pilar Vargas and Mie Mie Aung).”

On 14 November 2013 (“Arnet”) Sales Manager Robert Perez, emailed (“A-Sashi”) stating:

“At the moment we can't initiate commercial activities with you until the situation between your brand A-Sashi and Nestle is clarified.”

On 21 November 2013 (“Arnet”) Account Manager Pilar Vargas, emailed (“A-Sashi”) stating:

“I can assure you that Jose Tabacinic was well aware of your company and businesses. We had weekly meetings and I informed him about every single detail of your account.”

(“POST”) & NESTLÉ CONSPIRED TO COMMENCE LEGAL PROCEEDINGS AGAINST
(“A-SASHI”) FOR A COLLATERAL PURPOSE OF WILLFUL & MALCIOUS HARASSMENT

("Post") and Nestlé caused ("Arnet") to cut supply to (“A-Sashi”) and for a collateral purpose of willful and malicious harassment instructed IP lawyers, Banki Haddock Fiora ("BHF") to file a Musashi trademark action to be brought against (“A-Sashi”) under the Trade Marks Act 1995 (Cth) filed by ("BHF") on 20 December 2013 commencing legal proceedings in the Federal Circuit Court of Australia proceedings – SYG3214/2013 Société des Produits Nestlé SA & Ors v James William Christian (“FCC proceedings”), just over a month prior to (“Post”) announcing on 3 February 2014 it agreed to acquire (“PowerBar + Musashi”) from Nestlé.


A former solicitor at Nestlé M&A lawyers King & Wood Mallesons and partner at (“Post”) M&A lawyers Baker & Mckenzie, Judge Nicholas Manousaridis (“Manousaridis J”), received the docket for the (“FCC proceedings”)

(“Manousaridis J”) received the docket for the Musashi trademark action in the (“FCC proceedings”) 6-months after being appointed to the Federal Circuit Court of Australia and with the application being the first and only trademark case ever heard by (“Manousaridis J”).


(“POST”) DELAYED CLOSING THE ACQUISITION OF (“POWERBAR + MUSASHI”) TO CONCEAL VIOLATIONS OF U.S. FEDERAL SECURITIES AND ANTITRUST LAWS

On 3 February 2014 (“Post”) announced it entered into a stock and asset purchase agreement to acquire (“PowerBar + Musashi”) from Nestlé with the closing of the acquisition expected to occur in the (“Post”) Q3 2014 fiscal quarter (from 1 April–30 June 2014).

On 6 June 2014 at a hearing in the (“FCC proceedings”) and in the (“Christian”) affidavit affirmed on 12 June 2014, material facts exposed willful violations of U.S. federal securities and antitrust laws and contraventions of the Competition and Consumer Act 2010 ("CCA") by ("Post"), Nestlé and King & Wood Mallesons and that Nestlé IP lawyers Julie Robb, Margaret Shearer and Marina Olsen at ("BHF") along with PowerBar + Musashi employees Owen Nelson and Bradley Pritchard committed perjury in cross-examination on 6 June 2014.

On 24 June 2014 (“Christian”) gave notice to the Court of intention to bring a claim in the (“FCC proceedings”) against ("Post"), Nestlé and King & Wood Mallesons for unconscionable conduct and conspiring against (“Christian”) in contravention of the ("CCA") and (“Christian”) also applied to the Court for orders authorising the issuing of subpoenas.

On 1 July 2014 (“Post”) announced a 6-month delay in closing the acquisition of (“PowerBar + Musashi”) and entered into an amended stock and asset purchase agreement with the closing expected to occur in the (“Post”) Q1 2015 fiscal quarter (from 1 Oct–31 Dec 2014), to wait for the (“FCC proceedings”) to finalise to conceal material facts in Musashi trademark litigation.

On 4 July 2014 to conceal perjury committed by Nestlé IP lawyers Julie Robb, Margaret Shearer and Marina Olsen at ("BHF") and PowerBar + Musashi employees Owen Nelson and Bradley Pritchard during cross-examination at the 6 June 2014 hearing, (“Manousaridis J”) dismissed the (“Christian”) application in the (“FCC proceedings”) seeking an order authorising the issuing of subpoenas.

On 12 August 2014 (“Christian”) filed an application in a case in the (“FCC proceedings”) to bring a claim against ("Post"), Nestlé and King & Wood Mallesons for unconscionable conduct and conspiring against (“Christian”) in contravention of the ("CCA").

On 3 September 2014 (“Manousaridis J”) delivered judgment and made orders in the (“FCC proceedings”) which included extraterritorial orders sought by the applicants, and (“Manousaridis J”) erred by not correctly applying the proviso in s 120(2) of the Trade Marks Act 1995 (Cth) when determining the question of trademark infringement and erred when determining that the A-SASHI word-mark & device-mark were deceptively similar to the Musashi trademark registrations.

On 16 September 2014 (“Christian”) filed an application for leave to appeal (“app for leave to appeal 16 Sept 2014”) commencing the Federal Court of Australia proceedings – NSD940/2014 James William Christian v Société des Produits Nestlé SA & Ors (“Federal Court proceedings”) to appeal from the 3 September 2014 orders made in the ("FCC proceedings").


(“POST”) 3 NOVEMBER 2014 BUYER'S OBLIGATION FOR POWERBAR + MUSASHI

(“Post”) had an unconditional guaranteed buyer's obligation under the 1 July 2014 amended stock and asset purchase agreement stating:

“The stock and asset purchase agreement may be terminated by mutual consent of the parties and under certain other circumstances, including if the closing of the acquisition has not occurred prior to 3 November 2014."

(“MANOUSARIDIS J") CONSPIRED WITH (“YATES J”) TO FACILITATE THE ("POST") CLOSING OF 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 (“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”), (“Manousaridis J”) conspired with (“Yates J”) 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 (“app for leave to appeal 16 Sept 2014”) from 16 September–28 October 2014.


("Manousaridis J") fraudulently finalised the (“FCC proceedings”) in sync with (“Yates J”)

(“Manousaridis J”) conspired to fabricate and display a false finalised status of the ("FCC proceedings") on the ("CCP") from 17 October–28 October 2014 in sync with the (“Yates J”) 42-day stoppage, for ("Post") to close the acquisition of (“PowerBar + Musashi”) in accordance with agreements while continuing to conceal willful violations of U.S. federal securities and antitrust laws and contraventions of the (“CCA), with the particulars being:

(a) On 3 September 2014 (“Manousaridis J”) made orders for the (“Christian”) application in a case filed on 12 August 2014 in the (“FCC proceedings”), for claims against ("Post"), Nestlé and King & Wood Mallesons for contravention of the ("CCA"), to be filed by 15 October 2014, but on 9 October 2014 (“Manousaridis J”) amended the orders for the claim to be filed by 5 November 2014, causing the (“FCC proceedings”) not to be finalised before the 3 November 2014 guaranteed buyer’s obligation deadline for the ("Post") closing of the acquisition of ("PowerBar + Musashi");

(b) To finalise the (“FCC proceedings”) before the (“Post”) 3 November 2014 guaranteed buyer’s obligation deadline, (“Manousaridis J”) conspired with the Sydney Registry to fabricate and display a false finalised status of the ("FCC proceedings") on the (“CCP”) from 17 October–28 October 2014 in sync with the (“Yates J”) 42-day stoppage from 16 September–28 October 2014, in the granting of the (“app for leave to appeal 16 Sept 2014”) in the ("Federal Court proceedings”), 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, with concealment of the (“FCC proceedings”) and (“Federal Court proceedings”) from the reporting of the acquisition for (“SEC”) mandatory filings; and

(c) (“Christian”) sent an email with a screen-save attachment to the Sydney Registry raising the issue of the (“CCP”) fraud and received a reply email contradicting the ("CCP") fraudulent finalised status and advising that the (“FCC proceedings”) were not finalised at that time with the Duty Registrar email to (“Christian”) stating:
“A check of our CCP from the Court Registry does not reveal that this matter has been finalised as at 17 October 2014. Our version of the CCP for this matter shows there is no finalised date.”; and
(d) (“Manousaridis J”) conspired to conceal the (“CCP”) fraud when (“Christian”) emailed the Associate of (“Manousaridis J”), with a screen-save attachment showing that the (“CCP”) fraudulently displayed a false finalised status of the (“FCC proceedings”) from 17 October–28 October 2014, with the Associate advising by email that the matter would be dealt with at a hearing listed for 19 December 2014, with (“Manousaridis J”) at the hearing on 19 December 2014 stating:
“Don’t you worry about that Mr Christian, just worry about the orders I make.” 

("Yates J") put a 42-day stop on the (“Christian”) appeal in sync with (“Manousaridis J”)

(“Yates J”) conspired to cause a 42-day stoppage in sync with the (“Manousaridis J”) fabricated false finalised status of the ("FCC proceedings") on the (“CCP”), for ("Post") to close the acquisition of (“PowerBar + Musashi”) in accordance with agreements while continuing to conceal willful violations of U.S. federal securities and antitrust laws and contraventions of the (“CCA), with the particulars being:

(a) (“Yates J”) conspired to stop the ("Christian") appeal commencing prior to the (“Post”) 3 November 2014 guaranteed buyer’s obligation deadline by causing a 42-day stoppage in the granting of the (“app for leave to appeal 16 Sept 2014”) from 16 September–28 October 2014 in sync with the (“Manousaridis J”) fabricated false finalised status of the ("FCC proceedings") on the (“CCP”) from 17 October–28 October 2014, 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, with concealment of the (“FCC proceedings”) and (“Federal Court proceedings”) from the reporting of the acquisition for (“SEC”) mandatory filings.

Judge Manousaridis

FROM L-R: 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.

(“CHRISTIAN”) FILED SUBPOENAS & INTERROGATORIES AND A NOTICE OF A CONSTITUTIONAL MATTER IN THE (“FCC PROCEEDINGS”)

On 5 December 2014 (“Christian”) filed:

(a) Subpoenas to produce documents and interrogatories in the (“FCC proceedings”) addressed to Judith Brimer Executive Manager (“TGACC”), to Graeme J McEwen, barrister briefed by (“Post”) M&A lawyers Baker & McKenzie to provide a report detailing misconduct of Owen Nelson PowerBar + Musashi General Manager and to Christopher Freeland CEO Baker & McKenzie; and

(b) A Notice of a Constitutional matter under section 78B of the Judiciary Act 1903 in the (“FCC proceedings”) and with notification to the Attorney-General George Brandis.


("CHRISTIAN") IGNORED NESTLÉ AND ("POST") SETTLEMENT OFFER

On 16 December 2014 Nestlé and ("Post") IP lawyers ("BHF") made a settlement offer which (“Christian”) ignored, seeking to conceal the subject matter of the (“FCC proceedings”) and (“Federal Court proceedings”) and for ("Christian") to provide a written undertaking:

(a) not to file any further application in the (“FCC proceedings”);

(b) not to file any cross-claim pursuant to your application in a case filed in the (“FCC proceedings”) on 12 August 2014;

(c) not to file any proceeding in any court concerning the subject matter of the proposed cross-claim;

(d) to discontinue the (“Federal Court proceedings”);

(e) not to disparage Nestlé and ("Post”) or any of their related entities; and

(f) to release Nestlé and ("Post”) from any and all claims and demands relating to the subject matter of the (“FCC proceedings”) and the (“Federal Court proceedings”).


(“MANOUSARIDIS J”) DENIED DISCOVERY FOR ("CHRISTIAN") CLAIM TO CONCEAL ("POST"), NESTLÉ AND KING WOOD & MALLESONS CRIMINAL MISCONDUCT

On 19 December 2014 (“Manousaridis J”) set aside the subpoenas and interrogatories filed by (“Christian”) on 5 December 2014 and denied (“Christian”) the constitutional right of discovery for the claim against ("Post"), Nestlé and King & Wood Mallesons to be filed in the (“FCC proceedings”) by 27 February 2015.


("CHRISTIAN") FILED AN APPLICATION FOR REMOVAL OF THE CLAIM MATTER FROM THE (“FCC PROCEEDINGS”) TO THE HIGH COURT OF AUSTRALIA

On 14 January 2015 when (“Christian”) attempted to lodge documents at 3.55pm at the Melbourne Registry for the High Court of Australia, Mr Weymouth advised that the Registry was closed and that (“Christian”) would need to return the next day. Sixteen minutes later at 4.11pm Mr Weymouth mistakenly sent the following email to the email address of (“Christian”) and copied it to Sydney Registry staff members Lynne Donohoe and Rosemary Musolino, stating:

From: Christopher Weymouth
Date: Wed, 14 Jan 2015 16:11:02 +1100
To: James Christian
Cc: Lynne Donohoe , Rosemary Musolino
Subject: Re: Proposed Application for Removal of matter no. SYG3214/2013

From memory, this man has been in several times. Last year.
I just turned him away at 4pm
Small world Lynne
Chris x

On 15 January 2015 with a Court order execution date of 27 February 2015 pending for the (“Christian”) claim in the (“FCC proceedings”) and (“Christian”) denied discovery, (“Christian”) filed an application for removal in the High Court of Australia seeking an order pursuant to Section 40 of the Judiciary Act 1903 for the High Court to remove part of the cause pending in the ("FCC proceedings"), with:

THE ORDER SOUGHT as follows:
The cause pending, a cross-claim, in the Federal Circuit Court SYG3214/2013 proceedings be removed into the High Court; and

THE GROUNDS OF WHICH THE ORDER SOUGHT are:
(a) By the Court setting aside answers to interrogatories and subpoenas filed on 5 December 2014 by the Applicant, the Court denied the Applicant a right to the evidentiary and procedural rules of the Court, and in doing so denied the Applicant a right to natural justice, which is implied in the Australian Constitution through procedural due process standards and which is implied to include, through expressions of justice, a right to a fair hearing and the lack of bias; and

(b) The Court made orders in relation to the Applicants cross-claim which are unfairly prejudicial, bias and which burden an unrepresented Applicant from being able to meet conditions set out in Orders 4 & 5 (a, b, c, d & e), made by the Court, which are set to deny the Applicant a right to natural justice.


(“POST") DUMPED MUSASHI AT A LOSS EXCEEDING $40 MILLION
TO CONCEAL CRIMINAL ACTIONS

In October 2014 (“Post”) acquired (“PowerBar + Musashi”) from Nestlé in a $500 million cash and stock deal, with Musashi valued at an estimated $45 million. (“Post”) dumped Musashi at a loss exceeding $40 million during the (“Federal Court proceedings”), in a sell-off to Vitaco Holdings (“Vitaco”) for $3.8 million on 1 July 2015 and misrepresented the sell-off for (“SEC”) mandatory filings, in the attempt to conceal criminal actions and disconnect from Musashi liabilities revealing that:

(a) (“Post”) engaged in a conspiracy with Nestlé and (“Arnet”) to cut supply to (“A-Sashi”) and for a collateral purpose of willful and malicious harassment caused a Musashi trademark action to be brought against (“A-Sashi”) under the Trade Marks Act 1995 (Cth) filed on 20 December 2013 commencing the (“FCC proceedings”); and

(b) (“Post”) wilfully violated reporting and disclosure requirements under U.S. federal securities laws when purposefully concealing Musashi trademark litigation in the (“FCC proceedings”) and (“Federal Court proceedings”) from the reporting of the acquisition of (“PowerBar + Musashi”) for (“SEC”) mandatory filings, to conceal material facts in both proceedings exposing (“Post”) willful violations of U.S. antitrust laws.


FEDERAL COURT OF AUSTRALIA APPEALS ARE DELIVERED WITHIN 3 MONTHS

Federal Court of Australia Annual Report for 2014/15 and Annual Report for 2015/16 states:

“The Court has a goal of delivering reserved judgments within a period of three months.”
“The data indicates that eighty-seven per cent of appeals (both full court and single judge) were delivered within three months.”

("YATES J") CONSPIRED WITH (“RARES J”) AND (“ANNABELLE BENNETT”) TO CAUSE AN 8-MONTH & 2-DAY STOPPAGE ON DELIVERING A RESERVED JUDGMENT IN THE ("FEDERAL COURT PROCEEDINGS") TO FACILITATE J.P. MORGAN, CITIGROUP AND (“POST”) MATERIAL NON-DISCLOSURE AND TO PERVERT THE COURSE OF JUSTICE

(“Yates J”) conspired to cause an 8-month & 2-day stoppage on delivering a reserved judgment from 2 March–4 November 2015 and to ensure pre-determined outcomes with (“Rares J”) and former Justice Annabelle Bennett (“Annabelle Bennett”) in the (“Federal Court proceedings”), to facilitate the (“Post”) on-sell of the Musashi brand to (“Vitaco”) for the (“Vitaco”) $332 million initial public offering (“IPO”) and for the joint lead managers for the ("IPO"), J.P. Morgan and Citigroup, to avoid the consequences of civil liability, civil penalty and criminal liability provisions for contraventions of disclosure requirements under the Corporations Act 2001 for the prospectus filed on 24 August 2015 with ASIC for the (“Vitaco”) (“IPO”) closed on 11 September 2015, for having purposefully concealed Musashi trademark litigation in the ("Federal Court proceedings"), with the particulars being:

(a) (“Yates J”) conspired to ensure a stoppage on ("Christian") filing an application for special leave to appeal in the High Court of Australia during the (“Vitaco”) acquisition of the Musashi brand from (“Post”) completed on 1 July 2015 and the (“Vitaco”) (“IPO”) closed on 11 September 2015; and

(b) (“Yates J”) conspired with (“Annabelle Bennett”) to facilitate concealment of contraventions of the Corporations Act 2001 for non-disclosure of the ("Federal Court proceedings") in the prospectus dated 24 August 2015 filed with ASIC for the ("Vitaco") (“IPO"), with the particulars being:

(i) (“Annabelle Bennett”) ensured a 21-day stoppage on the (“Christian”) 31 August 2015 application in a case (“31 Aug 2015 interlocutory application”) seeking the joinder of correct parties to the (“Federal Court proceedings”), in ("Annabelle Bennett") giving instructions to the Sydney Registry for the application to remain unprocessed for 21-days until 21 September 2015, 10-days after the (“Vitaco”) (“IPO”) closed on 11 September 2015;

(ii) (“Annabelle Bennett”) ensured the (“Vitaco”) entities listed in the 24 August 2015 prospectus, the share & asset sale agreement and the (“31 Aug 2015 interlocutory application”), as the purchasers on 1 July 2015 of the Musashi brand, Vitaco Health Australia Pty Ltd & Health Foods International Ltd, not to be joined as parties;

(iii) (“Annabelle Bennett”) ensured an entity not listed in the 24 August 2015 prospectus, Vitaco Health IP Pty Ltd, which was re-assigned the Musashi intellectual property ownership on 21 September 2015 in an agreement drafted that day 2 hours prior to the (“Annabelle Bennett”) hearing of the (“31 Aug 2015 interlocutory application”), to be joined as a party to the ("Federal Court proceedings”) on 21 September 2015, 10-days after the (“Vitaco”) (“IPO”) closed on 11 September 2015;

(iv) (“Annabelle Bennett”) ensured the (“31 Aug 2015 interlocutory application”) filed by (“Christian”) to be listed on the (“CCP”) after the ("Vitaco") ("IPO") closed and as a directions hearing and not correctly listed as an interlocutory application hearing; and

(c) (“Yates J”) conspired with (“Rares J”) to facilitate concealment of contraventions of the Corporations Act 2001 for non-disclosure of the ("Federal Court proceedings") in the prospectus dated 24 August 2015 filed with ASIC for the ("Vitaco") (“IPO"), with the particulars being:

(i) (“Rares J”) ensured a (“Vitaco”) entity, the fifth respondent/cross appellant: Vitaco Health IP Pty Ltd, a party to the (“Federal Court proceedings”), not to be listed on the (“Rares J”) 18 November 2015 judgment and orders made; and

(d) (“Yates J”) conspired with (“Rares J”) to facilitate concealment of violations of reporting and disclosure requirements under U.S. federal securities laws, for non-disclosure of the (“FCC proceedings”) for (“Post”) (“SEC”) mandatory filings, caused by the attempt to conceal material facts in the proceedings revealing violations of U.S. antitrust laws and contraventions of the ("CCA"), with the particulars being:

(i) (“Rares J”) ensured two (“Post”) entities, the third respondent/cross appellant: Premier Nutrition Corporation & the fourth respondent/cross appellant: Post Foods Australia Pty Ltd, both parties to the (“Federal Court proceedings”), not to be listed on the (“Rares J”) 18 November 2015 judgment and orders made; and

(e) (“Yates J”) ensured greater concealment of the unlawful collusion against (“Christian”) in conspiring to ensure further pre-determined outcomes designed to disadvantage (“Christian”) in matters including, the Notice of a Constitutional matter under section 78B of the Judiciary Act 1903 filed by (“Christian”) in the (“FCC proceedings”) on 5 December 2014, the (“Christian”) 15 January 2015 application for removal in the High Court of Australia for a cause pending in the (“FCC proceedings”), the 4 November 2015 full bench judgment and orders made in the ("Federal Court proceedings") and the (“Christian”) application for special leave to appeal (“app for special leave to appeal 17 Nov 2015”) in the High Court of Australia proceedings – S239/2015 James William Christian v Société des Produits Nestlé SA & Ors (“High Court proceedings”).


CONSPIRATORS MOVE TO CONCEAL MUSASHI LIABILITIES

Owen Nelson PowerBar + Musashi General Manager, after 25 years with Nestlé, was dismissed to conceal the conspiracy.

Pilar Vargas (“Arnet”) International Account Manager, after 13 years with (“Arnet”), was dismissed to conceal the conspiracy.

Aldo D’Agostino DHL Global Head of Sales Oceania, after 10 years with DHL, was dismissed to conceal the conspiracy.

Donna Bessell Nestlé Head IP Adviser Oceania, after 25 years with Nestlé, was dismissed to conceal the conspiracy.

(“Post”) and Nestlé IP lawyers, ("BHF"), are no longer listed on IP Australia as the legal representative for (“Post”) and Nestlé trademarks.

 

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