CARTIER INTERNATIONAL AG AND OTHERS v. DYNASTY JEWELRY (HONG KONG) LTD AND OTHERS

CARTIER INTERNATIONAL AG AND OTHERS v. DYNASTY JEWELRY (HONG KONG) LTD AND OTHERS

The court found the defendants deliberately and intentionally breached clear disclosure and injunction orders, that the breaches were serious and caused prejudice to the plaintiffs, the contempt was unpurged and mitigation was limited; accordingly the court imposed custodial sentences of six weeks each on the 2nd and 3rd defendants, fined the corporate defendant HK$250,000 payable within 21 days, and ordered the defendants to pay plaintiffs' costs on an indemnity basis with certificate for two counsel.

Citation
[2021] HKCFI 1005
Parties
1st Plaintiff: CARTIER INTERNATIONAL AG; 2nd Plaintiff: VAN CLEEF & ARPELS S.A.; 3rd Plaintiff: RICHEMONT INTERNATIONAL S.A.; 4th Plaintiff: RICHEMONT ASIA PACIFIC LIMITED; 1st Defendant: DYNASTY JEWELRY (HONG KONG) LIMITED; 2nd Defendant: HUI SIU LING SHELLY; 3rd Defendant: WONG SHUNG YIU DESMOND
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 April 2021
Case Number
HCMP704/2018
Procedural Posture
Application for Committal for Contempt (miscellaneous Proceedings No 704 of 2018) / Sentencing / Judgment on Contempt
Outcome
2nd and 3rd Defendants sentenced to 6 weeks' imprisonment each; 1st Defendant (corporate) fined HK$250,000; Defendants ordered to pay Plaintiffs' costs on an indemnity basis with certificate for two counsel.
Legal Topics
Disclosure Orders, Contempt Sentencing, Counterfeiting, Restraint Orders, Costs
Source Language
EN
Intellectual Property Contempt of Court Trade Mark Law Copyright Law Injunctions Disclosure Orders Contempt Sentencing Counterfeiting +2 more

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Parties

CARTIER INTERNATIONAL AG

1st Plaintiff

VAN CLEEF & ARPELS S.A.

2nd Plaintiff

RICHEMONT INTERNATIONAL S.A.

3rd Plaintiff

RICHEMONT ASIA PACIFIC LIMITED

4th Plaintiff

DYNASTY JEWELRY (HONG KONG) LIMITED

1st Defendant

HUI SIU LING SHELLY

2nd Defendant

WONG SHUNG YIU DESMOND

3rd Defendant

Procedural Posture

Application for Committal for Contempt (miscellaneous Proceedings No 704 of 2018) / Sentencing / Judgment on Contempt

Legal Issues

  1. 1 Whether the defendants deliberately and contumaciously failed to comply with consent order and disclosure orders
  2. 2 Appropriate punitive and coercive sentence for non-compliance
  3. 3 Extent of prejudice to plaintiffs from non-disclosure

Ratio Decidendi

The court found the defendants deliberately and intentionally breached clear disclosure and injunction orders, that the breaches were serious and caused prejudice to the plaintiffs, the contempt was unpurged and mitigation was limited; accordingly the court imposed custodial sentences of six weeks each on the 2nd and 3rd defendants, fined the corporate defendant HK$250,000 payable within 21 days, and ordered the defendants to pay plaintiffs' costs on an indemnity basis with certificate for two counsel.

Court Disposition

2nd and 3rd Defendants sentenced to 6 weeks' imprisonment each; 1st Defendant (corporate) fined HK$250,000; Defendants ordered to pay Plaintiffs' costs on an indemnity basis with certificate for two counsel.

Orders

  • 2nd Defendant sentenced to 6 weeks' imprisonment
  • 3rd Defendant sentenced to 6 weeks' imprisonment