THE STORY OF A-SASHI VITAMINS
JAMES CHRISTIAN, FOUNDER OF A-SASHI VITAMINS
In 2006 James Christian (“Christian”) graduated from Melbourne Grammar School.
In 2007 (“Christian”) moved to Sydney and studied at Macquarie University (Bachelor of Commerce).
In 2009 (“Christian”) relocated to live in Hong Kong, Thailand and Vietnam and work as an operations manager for a business trading globally in rice and soft commodities.
In 2012 (“Christian”) created A-Sashi Vitamins ("A-Sashi") an online vitamin business selling a range of nutritional supplements, vitamins & mineral products. ("Christian") met with potential contract manufacturers in Hong Kong, the UK and USA before deciding to start (“A-Sashi”) in the USA arranging for all (“A-Sashi”) products to be made by Arnet Pharmaceutical (“Arnet”) located in Florida.
In January 2013 the (“A-Sashi”) online store was officially launched in the USA by advertising with Google Adwords, Facebook, Celiac.com, CBSSports.com, MindBodyGreen.com digital media and in the San Francisco Weekly, Phillie Weekly, New York Village Voice, Los Angeles Weekly and the Chicago Reader print media and individual customer orders were supplied from a Shipwire fulfilment facility located in Philadelphia.
DHL PROVIDED ("A-SASHI") SUPPLIER DETAILS TO NESTLÉ
ALDO D'AGOSTINO, FORMER HEAD OF SALES OCEANIA AT DHL
In March 2013 Aldo D’Agostino, who regularly communicated with (“Christian”) since early 2012, arranged for DHL Miami to bulk-ship (“A-Sashi”) products from Florida to a fulfilment facility in Victoria Australia.
"Aldo D'Agostino after 10 years with DHL was dismissed for providing Owen Nelson, former Nestlé General Manager of PowerBar + Musashi with ("A-Sashi") supplier details."
After Aldo was dismissed from DHL as Head of Sales Oceania, Aldo recommenced work at BagTrans as an Account Manager but was later dismissed and is now at Toll as an Account Manager.
LEGAL MATTERS – MUSASHI (NESTLÉ SOCIÉTÉ DES PRODUITS & NESTLÉ AUSTRALIA) v A-SASHI VITAMINS ("CHRISTIAN")
MARGARET SHEARER, PARTNER AT BANKI HADDOCK FIORA
On 21 June 2013 Margaret Shearer, partner at Banki Haddock Fiora ("BHF") acting for Nestlé, sent a letter of demand to (“Christian”) which contained extraterritorial demands and fake threats which were unenforceable (click here to download the letter).
"Nestlé commenced legal proceedings in Australia to ruin ("A-Sashi") and as a result of Banki Haddock Fiora lawyers negligence in this matter, they're now no longer listed as the legal representatives for Nestlé trade marks at IP Australia after 15+ years of representation."
Margaret called (“Christian”) and spoke with his father about Nestlé financially compensating for a name change and agreed to call back.
"Margaret didn't call back and then in legal proceedings she lied under cross-examination, stating words to the effect "he was meant to call me back." Margaret went on extended leave for unknown reasons."
NESTLÉ LAWYERS FILED A VEXATIOUS COMPLAINT WITH THE TGA
DR JOHN CUSICK, SPECIAL COUNSEL AT KING & WOOD MALLESONS
On 29 July 2013 Dr John Cusick, special counsel at King & Wood Mallesons ("KWM") acting for Nestlé, filed a complaint with the Therapeutic Goods Advertising Code Council (“TGACC”) targeting all (“A-Sashi”) products, the complaint was later dismissed and considered vexatious (click here to download the complaint).
"Dr John Cusick also made menacing telephone calls to ("Christian") and his family members for Nestlé, calling the sister of ("Christian") at her work place on 2 occasions & the mother of ("Christian") at her place of business."
(“Christian”) emailed a complaint to John requesting he discontinue harassing ("Christian") family members.
KIM O'CONNELL, PARTNER AT KING & WOOD MALLESONS
Kim O’Connell, partner at ("KWM") sent an email to (“Christian”) in reply to the Cusick complaint, stating:
“Dr John Cusick is a lawyer at our firm, however he is currently on extended leave. I need to know what your issue is with Dr Cusick and in particular, whether Dr Cusick has been acting in his capacity as a lawyer in his dealings with you. This would potentially be a serious issue between Dr Cusick and the firm.”
NESTLÉ CONSPIRED WITH ("ARNET") TO CUT SUPPLY TO ("A-SASHI")
JOSE TABACINIC, PRESIDENT AT (“ARNET”)
On 13 November 2013 (“Arnet”) cut supply to (“A-Sashi”) by refusing to accept an order with US$ 220,000 pre-payment. (“Christian”) emailed Jose Tabacinic the President at (“Arnet”) requesting clarification on the matter, with a reply email from Jose 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 Jose Tabacinic instructed Robert Perez a Sales Manager at ("Arnet") to email (“Christian”) with Robert stating:
“At the moment we can't initiate commercial activities with you until the situation between your brand A-Sashi and Nestlé is clarified.”; and
PILAR VARGAS, FORMER ACCOUNT MANAGER AT ("ARNET")
On 21 November 2013 Pilar Vargas former Account Manager at (“Arnet”) replied to an email from ("Christian") with Pilar 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.”
Pilar Vargas after 12 years with (“Arnet”) was dismissed.
NESTLÉ LAWYERS FILED A VEXATIOUS APPLICATION IN THE FEDERAL CIRCUIT COURT OF AUSTRALIA
On 20 December 2013 (“BHF”) filed a trademark action against (“A-Sashi”) under the Trade Marks Act 1995 (Cth) commencing vexatious legal proceedings in the Federal Circuit Court of Australia.
("Christian") spoke with a Melbourne based law firm for advice prior to the legal proceedings commencing and was told words to the effect:
"Even if you're right and we don't believe you've infringed either, you need to understand Nestlé get what they want and go all the way to bankruptcy."
In Australia (“Christian”) has been self-represented in legal matters against Nestlé as follows:
NESTLÉ SOLD THE POWERBAR + MUSASHI BRANDS
ROBERT VITALE, CEO OF POST HOLDINGS
On 3 February 2014 during the ("FCC proceedings") Post Holdings (“Post”) announced it had entered into a stock and asset purchase agreement to acquire the PowerBar + Musashi brands and related worldwide assets ("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 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.
"Rob Vitale engaged in the conspiracy cutting supply to ("A-Sashi") and then ("Post") started using ("Arnet") to contract manufacture their own products but never expected the litigation would delay the closing of the PowerBar + Musashi deal by 6+ months."
To close the (“PowerBar + Musashi”) acquisition with no further delays and conceal the Musashi litigation from the reporting for SEC filings Rob Vitale violated U.S. federal securities laws.
NESTLÉ LAWYERS SETTLEMENT OFFER
JULIE ROBB, PARTNER AT BANKI HADDOCK FIORA
On 16 December 2014 Nestlé and ("Post") instructed Julie Robb, partner at ("BHF") to make a settlement offer to (“Christian”) which was ignored, seeking to conceal the (“FCC proceedings”) and (“Federal Court proceedings”) for the closing of the ("PowerBar + Musashi") acquisition (click here to download the settlement offer).
"Nestlé after 2+ years have not come after their corrupt cost orders and wanted to tap out early before the Federal Court appeal proceedings commenced."
FEDERAL CIRCUIT COURT PROCEEDINGS
JUDGE NICHOLAS MANOUSARIDIS
Judge Nicholas Manousaridis (“Manousaridis J”) docket Judge of the (“FCC proceedings”) responsible for the case management, received the docket 6-months after being appointed to the Federal Circuit Court of Australia and with the case being the first trademark matter ever heard by (“Manousaridis J”).
"(“Manousaridis J”) was a former solicitor at Nestlé lawyers King & Wood Mallesons and a former partner at (“Post”) lawyers Baker & Mckenzie who were acting for (“Post”) in its acquisition of ("PowerBar + Musashi")."
(“Post”) delayed closing the acquisition of ("PowerBar + Musashi") to conceal the (“FCC proceedings”) and the (“Post”) unconditional guaranteed buyer's obligation under the 1 July 2014 amended stock and asset purchase agreement stated:
“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."
The (“FCC proceedings”) interfered with the (“Post”) 3 November 2014 buyer's obligation for closing its acquisition of ("PowerBar + Musashi").
(“Manousaridis J”) conspired
To facilitate ("Post") closing its acquisition of ("PowerBar + Musashi") effective on 20 October 2014 while concealing the (“FCC proceedings”) and the pending appeal in the (“Federal Court proceedings”) from the reporting of the acquisition, (“Manousaridis J”) conspired with (“Yates J”) to fraudulently have the ("FCC proceedings") displayed as finalised on the Commonwealth Courts Portal (“CCP”) from 17 October–28 October 2014 in sync with Justice David Yates (“Yates J”) stopping the ("Christian") appeal from commencing in the (“Federal Court proceedings”) by (“Yates J”) guaranteeing a 42-day stoppage in the granting of the application for leave to appeal from 16 September–28 October 2014.
(“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.”
(“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.”
FEDERAL COURT PROCEEDINGS
JUSTICE DAVID MARKEY YATES
("Yates J") docket Judge of the (“Federal Court proceedings”) responsible for the case management, lied to conceal his association with Nestlé lawyers at hearing on 28 October 2014.
("Yates J") 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 & ("Post”) lawyers Banki Haddock Fiora stating:
“Mr Christian’s reference appears to be correct. Although Ms Haddock has no recollection of the event.”
Following the perjury (“Yates J”) stated words to the effect “I’m undecided if I will preside at the Full Court Hearing listed for the appeal on 2 March 2015” and instead former Justice Annabelle Bennett (“Bennett J”) was selected.
"Nestlé and (“Post”) special counsel for the appeal was Stephen Burley from 5 Wentworth Chambers where (“Bennett J”) husband David Bennett practises and also where ("Bennett J") practised from 1993 with Burley until the appointment of (“Bennett J”) to the position of a Judge of the Federal Court of Australia in 2003."
(“Yates J”) conspired
The Federal Court of Australia appeal judgments are delivered within 3-months and according to the Federal Court of Australia Annual Report for 2014/15 and Annual Report for 2015/16 it states:
“The Court has a goal of delivering reserved judgments within a period of three months.”
(“Yates J”) conspired to ensure a reserved judgment for 8-months and 2-days and during this time period (“Post”) dumped the Musashi brand at a $40 million loss and the new owners Vitaco Holdings launched and completed a $332 million initial public offering (“IPO”) on the ASX managed by joint lead managers J.P. Morgan and Citigroup.
SPECIAL COUNSEL AT 5 WENTWORTH CHAMBERS
FORMER JUSTICE ANNABELLE BENNETT
On 2 March 2015 ("Bennett J") presided at the hearing of the appeal in the (“Federal Court proceedings”).
"Annabelle Bennett guaranteed a fixed outcome of the appeal for Nestlé after the 16 December 2014 settlement offer was ignored by (“Christian”)."
(“Bennett J”) conspired
(“Bennett J”) heard other matters within the (“Federal Court proceedings”) and (“Bennett J”) conspired to ensure a 21-day stoppage on the (“Christian”) 31 August 2015 application in a case seeking the joinder of correct parties to the (“Federal Court proceedings”) with the on-sell of the Musashi brand requiring the new owners to be joined as parties to the proceedings.
("Bennett J”) gave instructions to the Sydney Registry for the application to remain unprocessed for 21-days until the new owners of Musashi Vitaco Holdings had completed its IPO on the ASX and ensured the correct entities from the IPO prospectus would not be joined (due to Vitaco’s contravention of the Corporations Act 2001 for the non-disclosure of the Musashi litigation in its prospectus).
On 17 September 2015 Timothy Gonski the Associate of (“Bennett J”) emailed (“Christian”) and lawyers ("BHF"), stating:
"Due to the complexity of this interlocutory application, the matter will be re-listed for directions before Bennett J on Monday, 21 September 2015 at 9.30am."
"To facilitate (“Bennett J”) joined Vitaco Health IP Pty Ltd as a party which was not listed in the IPO prospectus and was re-assigned the Musashi intellectual property ownership 2-hours prior to the hearing listed for the joinder of new parties."
Click here to download the 31 August 2015 application and supporting affidavit which (“Bennett J”) put a 21-day stoppage on.
("Bennett J") retired early
3-months after the (“Federal Court proceedings”) finalised and ("Bennett J") had provided a fixed outcome for Nestlé ("Bennett J") retired.
"Annabelle Bennett retired early leaving the position some years before the mandatory retirement age of 70, which according to journalist Katie Walsh at Fairfax Media is considered a bold, uncommon move."
The Australian taxpayers under the Judges' Pensions Scheme pay Annabelle Bennett $20,000 each month for life.
FORMER SPECIAL COUNSEL AT 5 WENTWORTH CHAMBERS
JUSTICE STEPHEN BURLEY
Justice Stephen Burley (“Burley J”) prior to his appointment to the Federal Court practiced at 5 Wentworth Chambers (“5 Wentworth”) and appeared for Nestlé in the (“FCC proceedings”) and (“Federal Court proceedings”), with ("Bennett J”) hearing matters in the (“Federal Court proceedings”).
(“Burley J”) practiced at (“5 Wentworth”) from 1993–2016 alongside David Bennett, former Solicitor-General for the Commonwealth of Australia and husband of (“Bennett J”), and also with mentor (“Bennett J”) at ("5 Wentworth") from 1993 until the appointment of (“Bennett J”) to the position of a Judge of the Federal Court of Australia in 2003.
("Burley J") swapped jobs with ("Bennett J")
(“5 Wentworth”) collegiality positioned (“Burley J”) to perform a complete job swap.
"Annabelle Bennett returned to 5 Wentworth Chambers in 2016 to make way for the appointment of Stephen Burley by Attorney-General George Brandis to the Federal Court of Australia."
LETTER TO THE PRIME MINISTER OF AUSTRALIA
To read the full story click here to download the letter to Prime Minister Malcolm Turnbull with the attached complaint under the Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012 sent to all Members and Senators in the Houses of the Parliament.