After his High Court appeal was rejected on Monday ( May 19 ), the director of a nail salon chain that did not comply with court-ordered measures to protect customers will serve three months in prison for contempt of court.
The managing director of two outlets under Nail Palace, Mr. Kaiden Cheng, had attempted to have his four-month jail sentence replaced with a S$ 10,000 ( US$$ 7,700 ) fine or sentence reduced to five days ‘ imprisonment.
He claimed that his businesses have since followed judge orders by putting out notices in four major newspapers and introducing a new client warning type in January.
Justice Audrey Lim determined, however, that a prison sentence was appropriate because Nail Palace’s violation of the court’s purchases resulted in significant and irreparable harm.
In the end, many existing and new customers who had purchased products from the salons would not have been aware that they had engaged in cruel business practices, she said.
Justice Lim further determined that Nail Palace’s violations continued because the court’s fresh customer alert procedures and forms were ineffective.
Two CCCS ( Cacs ) officers from the Competition and Consumer Commission of Singapore (CCCS) conducted spot checks at the two Bukit Panjang and Simei salons on four separate outings in February and March.
They claimed that they did not submit the client warning form until after the salons started offering them manicure and pedicure services.
At that point, companies like foot washing, nail trimming, and applying basecoats to their claws were already in place.
It was incredible that these were claimed to be preparation functions and a common practice among nails salons as a precursor to the real services.
Thus, Nail Palace’s violation of the consumer warning order was” continuing, egregious, and persistent.”
She also made note of Nail Palace’s history of disobeying court orders and that the clubs ‘ conduct demonstrated that they were not serious about ensuring that they were not in contempt of court.
According to Justice Lim, there was a common interest in bringing unfair business practices to the attention of consumers at large and ensuring rapid compliance with such judge purchases.
After considering that Nail Palace’s January newspaper notices did agree with the court order, even though they came more than 17 months after the initial date, she reduced Mr. Cheng’s prison term by a third.
Additionally, the two Nail Palace companies were required to give CCCS’s costs and payouts.
A cry erupted from the open gallery where Mr. Cheng was seated with his followers as the judge read out his prison sentence. His statement was postponed until May 26 to allow him to enter his sister’s marriage.