ROMAG FASTENERS INC AND ANOTHER v. KIM SANG JO

ROMAG FASTENERS INC AND ANOTHER v. KIM SANG JO

The court awarded indemnity costs in full (HK$185,580.50) and imposed a fine of HK$10,000, having regard to the need to enforce compliance with court orders, the costs incurred, and the defendant's financial circumstances; payment to be made within 14 days.

Citation
ROMAG FASTENERS INC AND ANOTHER v. KIM SANG JO
Parties
1st Plaintiff: ROMAG FASTENERS INC; 2nd Plaintiff: WING YIP METAL ACCESSORIES MANUFACTORY LIMITED; Defendant: KIM SANG JO
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 May 2013
Case Number
HCMP1275/2010
Procedural Posture
Contempt Proceedings (civil Contempt) / Decision on Penalty
Outcome
Defendant found guilty of civil contempt; fined and ordered to pay costs.
Legal Topics
Committal, Fine, Disclosure Orders, Costs Assessment, Indemnity Costs
Source Language
EN
Civil Contempt Civil Procedure Costs Committal Fine Disclosure Orders Costs Assessment Indemnity Costs

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Parties

ROMAG FASTENERS INC

1st Plaintiff

WING YIP METAL ACCESSORIES MANUFACTORY LIMITED

2nd Plaintiff

KIM SANG JO

Defendant

Procedural Posture

Contempt Proceedings (civil Contempt) / Decision on Penalty

Legal Issues

  1. 1 Whether a fine is the appropriate penalty for civil contempt
  2. 2 What level of fine should be imposed
  3. 3 Whether costs should be awarded and on what basis

Ratio Decidendi

The court awarded indemnity costs in full (HK$185,580.50) and imposed a fine of HK$10,000, having regard to the need to enforce compliance with court orders, the costs incurred, and the defendant's financial circumstances; payment to be made within 14 days.

Court Disposition

Defendant found guilty of civil contempt; fined and ordered to pay costs.

Orders

  • Defendant to pay a fine of HK$10,000 within 14 days.
  • Defendant to pay the plaintiffs' costs on an indemnity basis as assessed, HK$185,580.50.