JAMES WILLIAM CHRISTIAN FOUNDER OF A-SASHI VITAMINS
1988 Victoria Australia
Melbourne Grammar School 1995–2006 - Victorian Certificate of Education (VCE). Activities & Societies: Athletics - School Vice Captain, Cross Country - School Vice Captain, Athletics - House Captain and Cross Country - House Captain. Macquarie University 2007–2009 - Bachelor of Commerce (BCom).
James William Christian (“Christian”) was born in Melbourne and grew up in the bayside suburb of Albert Park while attending Melbourne Grammar School. (“Christian”) commenced at Grimwade House in 1995, progressed through to Wadhurst in 2001 and graduated from Senior School in 2006. He enjoyed competing in inter-school sports, running around the tan track, riding bicycles and working in his fathers’ industrial food & beverage manufacturing facilities.
In 2007 (“Christian”) moved to Sydney and enrolled in business studies at Macquarie University while working part-time in various food manufacturing quality assurance and analytical roles. Living in Darlinghurst close to eastern suburbs beaches, (“Christian”) spent every spare moment in and around the surf and soon developed a bug for the warm tropical beach summers and a desire to see more.
In 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.
A-SASHI VITAMINS FOUNDED IN 2012
In January 2012 with his fathers assistance, (“Christian”) made a shift out of rice and soft commodities to create an online nutritional supplements business. Together they developed technical specifications for formulations, packaging and label artwork for 15 specific purpose vitamin products, met with potential contract manufacturers in Hong Kong, Bangkok, the UK and U.S. before (“Christian”) founded A-Sashi Vitamins (“A-Sashi”) in the U.S. and arranged for (“A-Sashi”) proprietary products to be made by U.S. contract manufacturer Arnet Pharmaceutical (“Arnet”) located in Davie Florida.
In January 2013 (“Christian”) officially launched the (“A-Sashi”) online store in the U.S. 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 supplied individual customer orders throughout the U.S. from a Shipwire east coast fulfilment facility located in Lancaster Philadelphia.
In March 2013 Aldo D’Agostino, Head of Sales Oceania at DHL Global, who had been communicating regularly with (“Christian”) and his father since mid-2012, arranged for DHL Miami to bulk-ship (“A-Sashi”) products from Florida to a fulfilment facility in Victoria Australia.
In May 2013 (“Christian”) officially launched the (“A-Sashi”) online store in Australia by arranging the placement of advertisements in print and digital media.
LEGAL MATTERS – MUSASHI v A-SASHI VITAMINS
Nestlé Letter of Demand
On 21 June 2013 Nestlé instructed Australian IP lawyers, Banki Haddock Fiora ("BHF") to send a letter of demand to (“Christian”) containing extraterritorial demands and fake threats which were unenforceable (click here to download the letter).
Nestlé and ("Post") cut supply to ("A-Sashi")
Following the letter of demand, Nestlé and Post Holdings (“Post”) colluded with (“Arnet”) to cut 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 a co-manufacturing deal.
Nestlé lawyers King & Wood Mallesons file vexatious complaint
On 31 July 2013 Nestlé lawyer Dr John Cusick, special counsel at King & Wood Mallesons, who was involved in the conspiracy against (“Christian”) filed a vexatious complaint with the Therapeutic Goods Advertising Code Council (“TGACC”) targeting 15 (“A-Sashi”) products in a complaint numbered 2013/07/031, the complaint was dismissed (click here to download the complaint).
Nestlé lawyers ("BHF") file application in Federal Circuit Court of Australia
On 20 December 2013 for a collateral purpose to eliminate (“A-Sashi”) Nestlé instructed (“BHF”) to file a trademark action to be brought against (“A-Sashi”) under the Trade Marks Act 1995 (Cth) commencing legal proceedings in the Federal Circuit Court of Australia.
In Australia through necessity (“Christian”) has been self-represented in legal matters against Nestlé and (“Post”) as follows:
Nestlé and ("Post") settlement offer
On 16 December 2014 Nestlé and ("Post") instructed Australian IP lawyers ("BHF") to make a settlement offer to (“Christian”) which was ignored, seeking to conceal the subject matter of the (“FCC proceedings”) and (“Federal Court proceedings”) and for ("Christian") to provide a written undertaking (click here to download the settlement offer).
Judge Nicholas Manousaridis – (“FCC proceedings”)
Judge 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.
Justice David Yates – (“Federal Court proceedings”)
Justice Yates 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.
Former Justice Annabelle Bennett – (“Federal Court proceedings”)
Former Justice Bennett 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”.
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.