ROMAG FASTENERS INC.AND ANOTHER v. KIM SANG JO

ROMAG FASTENERS INC.AND ANOTHER v. KIM SANG JO

The court found that Kim Sang Jo, as sole director of Inter Core Limited, was guilty of civil contempt for failing within the prescribed time to comply with the disclosure obligations in paragraph (5) of the April 21, 2009 order in respect of the first and second aspects of disclosure (identity/address and transactional documents concerning purchasers and suppliers). The court did not find contempt proved in relation to the late disclosure of the two delivery notes naming supplier I Yuan because, on the evidence, there remained a reasonable doubt about whether that omission was accidental. Penalty and costs were reserved and parties ordered to file submissions on the level of fine within...

Citation
ROMAG FASTENERS INC.AND ANOTHER v. KIM SANG JO
Parties
Plaintiffs: Plaintiffs; Company Subject to Order: Inter Core Limited; Defendant: Kim Sang Jo
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 February 2013
Case Number
HCMP1275/2010
Procedural Posture
Civil Contempt / Committal Proceedings Arising From Non Compliance With Court Disclosure Order / Judgment Delivered; Penalty (fine) and Costs Reserved Pending Further Submissions
Outcome
Finding of civil contempt against Kim Sang Jo (as sole director of Inter Core Limited) in respect of failure to comply with paragraph (5) of the April 21, 2009 order; penalty (fine) and costs reserved
Legal Topics
Committal, Disclosure Orders, Directors' Liability, Trademark Infringement, Costs and Fines
Source Language
EN
Civil Contempt Intellectual Property Company Law Civil Procedure Committal Disclosure Orders Directors' Liability Trademark Infringement +1 more

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Parties

Plaintiffs

Plaintiffs

Inter Core Limited

Company Subject to Order

Kim Sang Jo

Defendant

Procedural Posture

Civil Contempt / Committal Proceedings Arising From Non Compliance With Court Disclosure Order / Judgment Delivered; Penalty (fine) and Costs Reserved Pending Further Submissions

Legal Issues

  1. 1 Whether the director (Kim Sang Jo) is guilty of civil contempt for failing to comply with paragraph (5) of the April 21, 2009 order
  2. 2 Whether the failure to disclose was intentional or accidental
  3. 3 Whether late disclosure of delivery notes relating to supplier I Yuan constituted contempt

Ratio Decidendi

The court found that Kim Sang Jo, as sole director of Inter Core Limited, was guilty of civil contempt for failing within the prescribed time to comply with the disclosure obligations in paragraph (5) of the April 21, 2009 order in respect of the first and second aspects of disclosure (identity/address and transactional documents concerning purchasers and suppliers). The court did not find contempt proved in relation to the late disclosure of the two delivery notes naming supplier I Yuan because, on the evidence, there remained a reasonable doubt about whether that omission was accidental. Penalty and costs were reserved and parties ordered to file submissions on the level of fine within...

Court Disposition

Finding of civil contempt against Kim Sang Jo (as sole director of Inter Core Limited) in respect of failure to comply with paragraph (5) of the April 21, 2009 order; penalty (fine) and costs reserved

Orders

  • Directed parties to file and exchange further submissions within 14 days on the appropriate level of fine
  • Costs to be dealt with and addressed together with final decision on penalty