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10 February 2016

Our Ref:

CAP006/4007

PRIVATE & CONFIDENTIAL NOT FOR PUBLICATION By Email: [email protected]

Mr Simon Mulvany Bee The Cure 105 St Johns Wood Rd BLAIRGOWRIE VIC 3942

Dear Sir Capilano Honey Limited & Mr Ben McKee We act for Capilano Honey Limited (Capilano) and Mr Ben McKee. We are writing to you concerning the articles published by you on your various social media sites including, but not limited to: 1.

https://www.facebook.com/simon.mulvany.5/posts/10153886945296823 dated 31 January 2016 (the 31 January 2016 Simon Mulvany Facebook “Poison Post”);

2.

https://www.facebook.com/simon.mulvany.5/posts/10153880016811823 dated 28 January 2016 (the 28 January 2016 Simon Mulvany Facebook “Alkaloids Post”);

3.

https://www.facebook.com/photo.php?fbid=10153867023686823&set=a.1015093129334682 3.473141.768701822&type=3&theater dated 22 January 2016 (the 22 January 2016 Simon Mulvany Facebook “Alkaloids Post”);

4.

https://www.facebook.com/photo.php?fbid=10153455252906823&set=a.1015093129334682 3.473141.768701822&type=3 dated 11 July 2015 (the 11 July 2015 Simon Mulvany Facebook “Hazardous Imports Post”);

5.

https://www.facebook.com/1485185251762708/photos/a.1485306715083895.1073741828.1 485185251762708/1670939756520589/?type=3 dated 21 January (the 21 January 2016 Save the Bees Australia Facebook “Buy Direct from Beekeepers Post”), in particular the comment dated 22 January 2016 accessible at https://www.facebook.com/1485185251762708/photos/a.1485306715083895.1073741828.1 485185251762708/1673393582941873/?type=3 dated 27 January 2016 (the 27 January 2016 Save the Bees Australia Facebook “Honey Dumping Post”);

6.

https://www.facebook.com/1485185251762708/photos/a.1485306715083895.1073741828.1 485185251762708/1670939756520589/?type=3&comment_id=1671256363155595&comme nt_tracking=%7B%22tn%22%3A%22R9%22%7D.;

7.

https://www.instagram.com/p/BBLTm_IOqzo/?taken-by=savethebeesaustralia posted on 31 January 2016 (the 31 January 2016 savethebeesaustralia Instagram “Poison Post”);

8.

https://www.instagram.com/p/BA0wvcVuq-c/?taken-by=savethebeesaustralia posted on 22 January 2016 (the second 22 January 2016 savethebeesaustralia Instagram “Alkaloids Post”);

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Mr Simon Mulvany

10 February 2016

9.

https://www.instagram.com/p/BA0JdgcOq83/?taken-by=savethebeesaustralia posted on 22 January 2016 (the first 22 January 2016 savethebeesaustralia Instagram “Alkaloids Post”); and

10.

https://www.instagram.com/p/BA0gkcpOq0u/?taken-by=savethebeesaustralia posted on 22 January 2016 (the 22 January 2016 savethebeesaustralia Instagram “Capilano Import Contaminated Honey Post”). (Publications)

Our clients are gravely concerned about the false and damaging material published about them in the Publications and other material published by you online, specifically the allegations that both our clients put Capilano’s financial interests ahead of the health and well-being of the honey consuming public. In particular, the unsubstantiated allegation that Capilano’s products are “toxic” and “poison” together with repeated allegations that Mr McKee is motivated by greed and practices deception. Such allegations are completely false and malicious in the extreme. They bear no resemblance whatsoever to the facts regarding the production and sale of Capilano’s products and appear to be simply designed to damage the Capilano business - a motivation about which you have been quite explicit. In addition the publication of such false information about a food product commonly enjoyed by many Australians is likely to cause widespread panic amongst consumers which is unwarranted as well as potentially devastating for our clients. The Publications are replete with factual errors which have been brought to your attention by Mr McKee in previous correspondence. We note that in June 2015 Mr McKee extended a personal invitation to you offering to show you how Capilano conducts its business. That invitation was never taken up by you and the course of highly defamatory and injuriously false publications continued. As you aware, our clients have contacted Facebook and had several Publications removed from the Save the Bees Facebook Page given their highly damaging nature. That you have since reposted those articles is further evidence of the malice that you hold towards our clients. In the circumstances, our clients require your written undertakings as follows: 1.

You will immediately cease publishing online and remove from Facebook and Instagram all versions of the Publications; and

2.

You will not repeat or republish the allegations in the Publications.

Please confirm by 10am Thursday, 11 February 2016 that the undertakings will be provided as requested. We advise that if the undertakings requested are not provided we are instructed to approach the NSW Supreme Court for the appropriate orders which will include seeking costs orders against you. Given the matters contained in this letter you may wish to seek legal advice. Yours faithfully

Richard Keegan Special Counsel Direct Line: +61 2 8915 1075 Direct Fax: +61 2 8916 2075 Email: [email protected]

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