Giorgio Armani S.P.A. v. Elan Clothes Co. Ltd. (Formerly Known As Dalian Les Copious Clothes Co. Ltd.)
Read the full judgment text of HCCT 71/2018 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 29 March 2019 before Deputy High Court Judge Field.
Construction and arbitration proceedings involving GIORGIO ARMANI S.P.A. as plaintiff and ELAN CLOTHES CO. LTD. as defendant concerning the appropriate wording of orders following judgment on 27 February 2019. The court considered multiple draft orders proposed by the parties and letters from their solicitors, approving several amendments including changes to recitals and substantive paragraphs, while excluding or modifying others. The court declined to include proposed case management directions due to lack of defendant representation and urged resolution to avoid further costs. No costs order was made in respect of the current ruling.
Outcome: The court approved amendments to the proposed orders with specified modifications. Certain paragraphs were excluded or amended as detailed in the ruling. No order as to costs was made in respect of this ruling.
Cited by 12 cases · Cites 1 case
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HCCT 71/2018 [2019] HKCFI 791 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTRUCTION AND ARBITRATION PROCEEDINGS ____________
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___________________________________ RULING ON WORDING OF THE ORDERS ___________________________________ 1.I have considered: (i) the draft orders marked A, B and C which are the orders proposed by the plaintiff following the handing down of the judgment on 27 February 2019 but with amendments sought by the defendant; (ii) the letter from Reed Smith Richards Butler (“RSRB”) dated 14 March 2019; (ii) the letters from de Bedin & Lee (“DBL”) dated 1 March 2019 and 14 March 2019. 2.The principal issue between the parties is which of the proposedorders properly reflect the findings made in the aforesaid judgment. I have also taken into account the need for clarity. Annex A order 3.I approve the amendments to the Recitals proposed by RSRB. 4.It is agreed that paragraphs 1 and 2 of the original order shouldnot be included. The first paragraph of the substantive order will therefore be the original para 3, renumbered 1 by DBL 5.I approve RSRB’s proposed amendments to renumbered paras1, 2, 3, 4, 5, 6, save that the words “the Plaintiff’s Affiliates” in lines 2 and 3of renumbered para3 should not be excised but should be included in para 3. 6.It is with reluctance that I agree that this order should not include the proposed case management directions set out in renumbered para 4. I am constrained to take this view because I have heard no representations from the defendant on what DBL propose save that it is to be inferred that RSRB object to the directions. If RSRB are simply taking the narrow point that directions were not canvassed at the hearing of the summons but otherwise have no substantive objection to what DBL propose, I urge the defendant to agree DBL’s proposed directions which appear to me to be eminently reasonable. If the plaintiff is forced to issue another summons for directions and the court makes an order in similar terms to those presently proposed, I would expect the defendant to be on the end of costs order designed to mark the Court’s displeasure at the defendant’s unreasonable conduct. Annex B order 7.I approve RSRB’s proposed amendment to the recitals. Save as aforesaid, this order is agreed and I approve it as amended by RSRB. Annex C order 8.In dealing with the application for joinder the Court consideredMs Ferrari’s 3rd affirmation that was adverted to in the defendant’s objections to joinder. In the opinion of the Court, this required consideration of Ms Ferrari’s 1staffirmation to put her 3rdaffirmation in context. It follows in my judgment that the 1staffirmation legitimately featured in the hearing of the summons and that paragraph 1 of this order is justified but with the excision of the words beginning “pursuant to the Plaintiff’s obligations” down to “25thOctober 2018”. 9.I can see no basis for paragraph 2 of this proposed order. There should also be no order as to costs. Costs 10.I direct that there be no order as to costs in respect of this ruling.
de Bedin & Lee LLP, solicitors for the plaintiff Reed Smith Richards Butler, solicitors for the defendant | ||||||||||||||||||||||||||
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