Louis Vuitton Malletier SA v Trepper

[2002] FCA 1093

FEDERAL COURT OF AUSTRALIA

Louis Vuitton Malletier SA v Trepper [2002] FCA 1093

LOUIS VUITTON MALLETIER SA v EYTAN TREPPER (trading as “BEST SELLERS CLOTHING CO”)

V 342 OF 2000

SUNDBERG J
28 AUGUST 2002
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V 342 OF 2000

BETWEEN:	LOUIS VUITTON MALLETIER SA APPLICANT
AND:	EYTAN TREPPER (trading as “BEST SELLERS CLOTHING CO”) RESPONDENT

JUDGE:	SUNDBERG J
DATE:	28 AUGUST 2002
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. I am satisfied that the respondent's acceptance that he has committed a contempt of court satisfies the requirement that a contempt be established beyond reasonable doubt.  In those circumstances, the only question for me is an appropriate penalty.  The amount suggested by both parties is $5000.

2. In the light of the respondent's acceptance of guilt, his apology to the court and to the applicant and the fact that the proposed consent order involves the respondent paying the applicant’s costs of $15,000 (an amount that, as I understand the position, is arrived at on a solicitor‑client basis), I have concluded that a fine of $5000 is appropriate.

3. I add that I would expect Mr Klempfner to convey to his client not only the seriousness with which the Court views the breach he has committed, but that any repetition, whether in respect of these precise goods or any other goods, is likely to be attended by a much greater fine, and indeed may result in punishment not necessarily restricted to a fine. 

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Sundberg.

Associate:

Dated:            4 September 2002

Counsel for the Applicant:	E A Strong
Solicitors for the Applicant:	Corrs Chambers Westgarth
Counsel for the Respondent:	D A Klempfner
Solicitor for the Respondent:	Michael Rickards
Date of Hearing:	28 August 2002
Date of Judgment:	28 August 2002