French coffee company Sunday Collab International has launched proceedings against noumi in the Queensland Supreme Court, regarding distribution rights in Europe of Milklab products.
Proceedings were launched in March 2021, when Sunday Collab alleged it had an agreement with noumi that it would be Milklab’s exclusive distributor in Europe and certain adjacent markets. Noumi said no agreement was executed by either party.
Sunday Collab was founded by French pro-surfer Reid Pinder. Its Australian operations involve investment from pro-surfer Joel Parkinson – friends with Pinder since their teens – and ironman Luke Cuff.
Parkinson was one of the founders of Balter Brewing – along with shark fighter Mick Fanning – that was sold to Asahi Beverage’s Carlton and United Breweries in 2019 for allegedly between $150-$200 million dollars.
If the agreement wasn’t recognised, Sunday Collab was seeking 387,517.56 euros (AU$662,638.52) in damages.
On 11 August, Sunday Collab amended its statement of claim, withdrawing the claim for specific purposes, but seeking damages and a claim for 17 million euros (AU$27.8 million) in lost profits as well as additional costs and expenses.
Noumi said Sunday Collab’s claims are without merit and the claim for lost profit “wholly unsupportable”.
It said the alleged losses are misconceived and would not succeed because Sunday Collab had little evidence of previous distribution experience with dairy or plant-based beverages, the highly competitive nature of the European market, and the significant disruption and broader economic challenges due to Covid that continue to affect supply chains and distribution networks.
Noumi is already facing a joint class action in the Victorian courts alleging the company and its auditor Deloittes breached the Corporations Act, the Australian Securities and Investments Commission Act, and the Australian Consumer Law Act.
Divests Australian Milk Holdings
Meanwhile, noumi has divested all its shares in Australian Fresh Milk Holdings to meet obligations of its settlement with US almond growing group Blue Diamond.
The shares were sold to NewAustralia Holdings and Leppington Pastoral Investments.
NewAustralia Holdings is a subsidiary of mining and energy company New Hope Group, which also has agricultural operations, while Leppington Pastoral Investments is a Perich company, connected to the family’s private investment business Arrovest, which is the major shareholder in noumi.