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Australia Napoleon Perdis seeks damages after cosmetics consultancy terminated

23:50  18 february  2020
23:50  18 february  2020 Source:   smh.com.au

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Napoleon Perdis Cosmetics is Australia’s leading makeup brand, with 30 stores and over 500 independent stockists Australia-wide. Founded more than 25 years ago, the brand remains at the forefront of product innovation, makeup education and sophisticated, prestige beauty.

Napoleon Perdis sitting at a table and smiling at the camera: Napoleon Perdis says his former cosmetics empire unlawfully terminated a consultancy agreement with him.© Steven Siewert Napoleon Perdis says his former cosmetics empire unlawfully terminated a consultancy agreement with him. Make-up mogul Napoleon Perdis has taken his former cosmetics empire to court, alleging its new controllers unlawfully terminated a consultancy agreement for his creative direction and services as a "brand advocate".

Former Witchery executive Henry Lee and "Daigou queen" Livia Wang, who shot to prominence marketing Australian products to Chinese personal shoppers - known as daigou - took control of the struggling Napoleon Perdis empire in April last year after the company was tipped into voluntary administration in January with debts of more than $22 million.

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The parties initially agreed Mr Perdis would stay on as a consultant to the company he founded and formerly owned with his wife Soula-Marie and brother Emanuel, including developing communications strategies, leading the creative team, and initiating and participating in "public relations...and brand advocate activities".

But the relationship soured within months and the consultancy agreement, struck with Mr Perdis' Cyprus-based company Ninth Management and worth at least $400,000 a year in fixed fees, was terminated in June.

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Napoleon Perdis – – rated 3.4 based on 82 reviews "Carindale Area Manager rocked my world Saturday 5th September. See more of Napoleon Perdis on Facebook. Napoleon Perdis . Beauty, cosmetic & personal care.

Napoleon Perdis . متجر مستحضرات تجميل. 3.4. Eye of Horus Cosmetics . تجميل ومستحضرات تجميل وعناية شخصية. If there’s one thing napoleon perdis knows like no-other, IT’s how to create a flawless and lasting complexion.

a woman smiling for the camera: 'Daigou Queen' Livia Wang bought Napoleon Perdis with former Witchery executive Henry Lee.© Nick Moir 'Daigou Queen' Livia Wang bought Napoleon Perdis with former Witchery executive Henry Lee. In documents filed in the NSW Supreme Court, lawyers for Mr Perdis say the termination was unlawful and he should be paid damages for breach of contract, including almost $18,000 from an outstanding invoice and a portion of the $400,000 in fixed fees.

They also say he should be paid damages "representing the value of the loss of opportunity" to earn additional compensation under the agreement.

The company denies those claims and says in a reply, also filed in court, that Mr Perdis engaged in conduct that tended to bring himself, Ninth Management "and/or" the restructured cosmetics empire "into serious disrepute".

Mr Perdis' lawyers say in court documents the allegations relied upon by the company in the termination letter were "inaccurate and ill-founded".

Under the consultancy agreement, Mr Perdis and Ninth Management were subject to a restraint-of-trade clause preventing them from being involved in similar business ventures in Australia, New Zealand or Greece for two years from April last year.

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Napoleon Perdis.© Getty Napoleon Perdis. Lawyers for Mr Perdis contend this restriction has ceased to apply and are seeking a declaration that it is "no longer enforceable". The company maintains the restriction continues.

At a preliminary hearing on February 14, Supreme Court Justice David Hammerschlag ordered Mr Perdis, his wife and the consultancy company to pay an undisclosed sum of money into court as security for legal costs, in the event they lose the case.

The sum is to be paid in three tranches, including a final instalment to be paid 28 days before the final hearing. If Mr Perdis does not comply, the case will be halted or stayed until the money is paid.

Mr Perdis took aim at "greedy landlords" last year as his cosmetics empire collapsed.

"The malls are dead, there's no foot traffic, everyone's buying cosmetics online but the landlords don't want to hear about it," he said in January 2019.

The parties return to court for a further preliminary hearing on May 8.

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