YATES J FIXED A 42-DAY STOPPAGE FOR POST TO CONCEAL ANTITRUST VIOLATIONS FROM SEC FILINGS
To facilitate Post's 6-month delayed closing of the acquisition of Powerbar & Musashi and the fraudulent concealment of Court proceedings from SEC filings that revealed Post's violations of U.S. antitrust laws, Yates J conspired to fix a 42-day stoppage on a Christian application at the same time Manousaridis J fraudulently tampered with the CCP to show a fake finalised status of proceedings.
YATES J COMMITTED PERJURY IN COURT PROCEEDINGS
In a hearing while trying to cover up issues Christian raised about Yates J fixing a 42-day stoppage to facilitate a Nestlé and Post criminal conspiracy, Yates J nervously lied about co-authoring a book with Nestlé IP lawyers BHF partner Kate Haddock, with Yates J and Christian statements from the hearing transcript as follows:
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 lawyers Banki Haddock Fiora stating:
"Mr Christian’s reference appears to be correct. Although Ms Haddock has no recollection of the event."
YATES J FIXED ADELAYED JUDGEMENT OF 8-MONTHS & 2-DAYS
Yates J conspired to ensure a further stoppage in proceedings by causing a reserved judgment for 8-months and 2-days.
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 completed a $332 million initial public offering (IPO) on the Australian Securities Exchange (ASX) while promoting the Musashi brand in the IPO and concealing the Federal Court proceedings that exposed Post’s violations of U.S. antitrust laws.