ABOUT A-SASHI VITAMINS
THE STORY OF A-SASHI VITAMINS
JAMES CHRISTIAN, FOUNDER OF A-SASHI VITAMINS
James William Christian (“Christian”) graduated from Melbourne Grammar School in 2006.
In early 2007 (“Christian”) moved to Sydney and studied at Macquarie University, Bachelor of Commerce (BCom).
In late 2009 (“Christian”) moved to Southeast Asia, living and working between Bangkok, Ho Chi Minh City and Hong Kong as an IT and operations manager for a business trading globally in rice and soft commodities.
In 2012 (“Christian”) made a shift out of rice and soft commodities to create an online vitamin business. With a small team and assistance from his father, they developed technical specifications for custom formulations, packaging and label artwork for a range of nutritional supplements, vitamins & mineral products. ("Christian") then met with potential contract manufacturers in Hong Kong, Bangkok, the UK and USA before deciding to start (“A-Sashi”) in the USA arranging for all (“A-Sashi”) products to be made by contract manufacturer Arnet Pharmaceutical (“Arnet”) located in Davie 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 throughout the USA from a Shipwire east coast fulfilment facility located in Lancaster Philadelphia.
DHL PROVIDES ("A-SASHI") SUPPLIER DETAILS TO NESTLÉ
ALDO D'AGOSTINO, FORMER HEAD OF SALES OCEANIA DHL
In March 2013 Aldo D’Agostino, who regularly communicated with (“Christian”) and his father 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 after providing ("A-Sashi") supplier details to Nestlé."
After being dismissed from DHL, Aldo started working for BagTrans as an Account Manager only to be dismissed and now is at Toll as an Account Manager.
In May 2013 the ("A-Sashi") online store was officially launched in Australia shortly prior to Nestlé cutting supply and starting legal proceedings.
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 incompetence in this matter, they are now no longer listed as the legal representatives for Nestlé trade marks at IP Australia after 15+ years of representation."
Margaret spoke with (“Christian”) father about her client Nestlé financially compensating for a name change and agreed to call back. Margaret never did 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 AND POST HOLDINGS CUT SUPPLY
ROBERT VITALE, CEO OF POST HOLDINGS INC
Following the letter of demand, Nestlé and Post Holdings' (“Post”) CEO Robert Vitale colluded with (“Arnet”) cutting supply to (“A-Sashi”), with (“Arnet”) refusing to accept a US $220,000 order from (“A-Sashi”). (“Post”) engaged in the criminal behaviour prior to announcing the acquisition of the PowerBar + Musashi brands from Nestlé and ("Post") rewarded ("Arnet") with contract manufacturing business.
"Nestlé and ("Post") cut supply to ("A-Sashi") and then ("Post") started using ("Arnet") to contract manufacture their own products."
NESTLÉ LAWYERS FILE VEXATIOUS COMPLAINT
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 Dr John Cusick respectfully requesting John to discontinue the harassment.
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 LAWYERS FILE 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 and (“Post”) as follows:
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”) and for ("Christian") to provide a written undertaking (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 the acquisition of the PowerBar + Musashi brands from Nestlé."
(“Post”) delayed closing the acquisition of the PowerBar + Musashi brands to conceal the (“FCC proceedings”) and (“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."
The (“FCC proceedings”) became protracted and interfered with the (“Post”) 3 November 2014 buyer's obligation deadline for the closing of the acquisition.
(“Manousaridis J”) collusion
To facilitate the ("Post") closing of the 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 finalise the ("FCC proceedings") displayed 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”) causing a 42-day stoppage in the granting of the application for leave to appeal (“app for leave to appeal 16 Sept 2014”) from 16 September–28 October 2014.
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.
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.
(“Yates J”) collusion
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, during this time period provided (“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
("Bennett J") presided at the Full Court Hearing listed for the appeal on 2 March 2015 and guaranteed a fixed outcome of the appeal for Nestlé and (“Post”) contractual agreements to remain not affected by the ("Federal Court proceedings") after the 16 December 2014 settlement offer was ignored by (“Christian”).
(“Bennett J”) collusion
(“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 (“31 Aug 2015 interlocutory application”) 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 to the proceedings.
("Bennett J”) gave instructions to the Sydney Registry for the application to remain unprocessed for 21-days until Vitaco Holdings had completed its (“IPO”) 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 proceedings in their prospectus), instead to facilitate (“Bennett J”) joined Vitaco Health IP Pty Ltd as a party which was re-assigned the Musashi intellectual property ownership 2 hours prior to (“Bennett J”) hearing the (“31 Aug 2015 interlocutory application”).
("Bennett J") early retirement
3-months after the (“Federal Court proceedings”) finalised (“Bennett J”) 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”.
FORMER SPECIAL COUNSEL AT 5 WENTWORTH CHAMBERS ACTING FOR NESTLÉ
JUSTICE STEPHEN BURLEY
(“Burley J”) prior to his appointment to the Federal Court practiced at 5 Wentworth Chambers (“5 Wentworth”) and appeared for Nestlé and ("Post”) 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 (“Annabelle Bennett”) to the position of a Judge of the Federal Court of Australia in 2003.
("Burley J") job swap with ("Bennett J")
(“5 Wentworth”) collegiality positioned (“Burley J”) to perform a complete job swap with (“Bennett J”) returning to (“5 Wentworth”) in 2016 to make way for the appointment of ("Burley J") by Attorney-General George Brandis to the Federal Court of Australia.
Letter to Prime Minister Malcolm Turnbull
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.