Navatek Capital, Inc. v. Kao

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
28-APR-2026
08:19 AM
Dkt. 90 SO
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

NAVATEK CAPITAL INC., individually and derivatively
on behalf of Nominal Defendant PACMAR TECHNOLOGIES LLC, fka
MARTIN DEFENSE GROUP, LLC, fka NAVATEK LLC, Plaintiff-Appellee,
v.
MARTIN KAO, Defendant/Crossclaim Defendant-Appellant,
and
JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-5;
DOE CORPORATIONS 1-10; DOE ENTITIES 1-10;
and DOE GOVERNMENTAL UNITS 1-10, Defendants,
and
PACMAR TECHNOLOGIES LLC, fka MARTIN DEFENSE GROUP, LLC,
fka NAVATEK LLC, Nominal Defendant/Crossclaimant-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CASE NO. 1CCV-XX-XXXXXXX)

SUMMARY DISPOSITION ORDER
(By: Hiraoka, Presiding Judge, McCullen and Guidry, JJ.)
Martin Kao appeals from the Findings of Fact,
Conclusions of Law, and Order Granting Nominal Defendant PacMar
Technologies LLC's Motion for Civil Contempt Sanctions Against
Defendant Kao for Knowingly Violating this Court's Contempt Order
(Sanction Order), entered by the Circuit Court of the First
Circuit1 on June 14, 2024.2 We affirm.
Kao, Martin Defense Group, LLC (MDG), and Navatek
Capital Inc. arbitrated a dispute. The arbitrator made a net

1
The Honorable Gary W.B. Chang presided.
2
We dismissed Kao's appeal from six other post-judgment orders for
lack of jurisdiction.
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

award of $6,125,781.80 for MDG and Navatek against Kao. The
Circuit Court confirmed the award. The Final Judgment Confirming
Arbitration Award was entered on April 28, 2022. Kao appealed,
but did not post a supersedeas bond. MDG changed its name to
PacMar Technologies LLC and began to execute on the Final
Judgment.3
The Circuit Court ordered Kao to "immediately" pay
rental income he received from a garnishee, Michelle Chapman, to
PacMar (Disgorgement Order). Kao did not comply.
The Circuit Court held Kao in contempt and ordered him
to pay PacMar $32,400 in rent received from Chapman, plus $15,000
in sanctions, within five business days (Contempt Order). Kao
did not comply.
PacMar moved for civil contempt sanctions. The Circuit
Court granted the motion. The June 14, 2024 Sanction Order
required that Kao disgorge the $32,400 in rent payments, pay the
$15,000 in sanctions, and pay $9,766.49 for PacMar's attorney
fees and costs. Kao was also ordered to pay the circuit court
clerk a fine of $200 per day "until the entire amount owed under
this Order is paid in full." This appeal followed.
Kao's opening brief challenges the Disgorgement Order
and the Contempt Order. On May 8, 2025, this court dismissed
Kao's appeal as to those orders because Kao did not file notices
of appeal from those final post-judgment orders within the time
required by Hawai#i Rules of Appellate Procedure (HRAP)
Rule 4(a)(1). Kao's failure to comply with those orders formed
the basis for the Sanction Order. Kao's opening brief contains
no separate argument that the Circuit erred by entering the
Sanction Order. His point of error "C" is waived. See HRAP
Rule 28(b)(7) ("Points not argued may be deemed waived.").
The June 14, 2024 Findings of Fact, Conclusions of Law,
and Order Granting Nominal Defendant PacMar Technologies LLC's

3
This court vacated the Final Judgment in Navatek Cap. Inc. v. Kao,
No. CAAP-XX-XXXXXXX, 2025 WL 2157693 (Haw. App. July 29, 2025) (SDO), cert.
accepted, SCWC-XX-XXXXXXX, 2025 WL 3723313 (Haw. Dec. 23, 2025). The Sanction
Order arose from post-judgment collection proceedings before the Final
Judgment was vacated.

2
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Motion for Civil Contempt Sanctions Against Defendant Kao for
Knowingly Violating this Court's Contempt Order is affirmed.

DATED: Honolulu, Hawai#i, April 28, 2026.

On the briefs:
/s/ Keith K. Hiraoka
Keith M. Kiuchi, Presiding Judge
for Defendant/Crossclaim
Defendant-Appellant /s/ Sonja M.P. McCullen
Martin Kao. Associate Judge

David M. Louie, /s/ Kimberly T. Guidry
Jesse W. Schiel, Associate Judge
Nicholas R. Monlux,
for Plaintiff-Appellee
Navatek Capital Inc.

David M. Louie,
Jesse W. Schiel,
Nicholas R. Monlux,
for Nominal Defendant/
Crossclaimant-Appellee
Pacmar Technologies LLC.

3

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
28-APR-2026
08:19 AM
Dkt. 90 SO
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

NAVATEK CAPITAL INC., individually and derivatively
on behalf of Nominal Defendant PACMAR TECHNOLOGIES LLC, fka
MARTIN DEFENSE GROUP, LLC, fka NAVATEK LLC, Plaintiff-Appellee,
v.
MARTIN KAO, Defendant/Crossclaim Defendant-Appellant,
and
JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-5;
DOE CORPORATIONS 1-10; DOE ENTITIES 1-10;
and DOE GOVERNMENTAL UNITS 1-10, Defendants,
and
PACMAR TECHNOLOGIES LLC, fka MARTIN DEFENSE GROUP, LLC,
fka NAVATEK LLC, Nominal Defendant/Crossclaimant-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CASE NO. 1CCV-XX-XXXXXXX)

SUMMARY DISPOSITION ORDER
(By: Hiraoka, Presiding Judge, McCullen and Guidry, JJ.)

Martin Kao appeals from the Findings of Fact,
Conclusions of Law, and Order Granting Nominal Defendant PacMar
Technologies LLC's Motion for Civil Contempt Sanctions Against
Defendant Kao for Knowingly Violating this Court's Contempt Order
(Sanction Order), entered by the Circuit Court of the First
Circuit1 on June 14, 2024.2 We affirm.
Kao, Martin Defense Group, LLC (MDG), and Navatek
Capital Inc. arbitrated a dispute. The arbitrator made a net

1
The Honorable Gary W.B. Chang presided.
2
We dismissed Kao's appeal from six other post-judgment orders for
lack of jurisdiction.
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

award of $6,125,781.80 for MDG and Navatek against Kao. The
Circuit Court confirmed the award. The Final Judgment Confirming
Arbitration Award was entered on April 28, 2022. Kao appealed,
but did not post a supersedeas bond. MDG changed its name to
PacMar Technologies LLC and began to execute on the Final
Judgment.3
The Circuit Court ordered Kao to "immediately" pay
rental income he received from a garnishee, Michelle Chapman, to
PacMar (Disgorgement Order). Kao did not comply.
The Circuit Court held Kao in contempt and ordered him
to pay PacMar $32,400 in rent received from Chapman, plus $15,000
in sanctions, within five business days (Contempt Order). Kao
did not comply.
PacMar moved for civil contempt sanctions. The Circuit
Court granted the motion. The June 14, 2024 Sanction Order
required that Kao disgorge the $32,400 in rent payments, pay the
$15,000 in sanctions, and pay $9,766.49 for PacMar's attorney
fees and costs. Kao was also ordered to pay the circuit court
clerk a fine of $200 per day "until the entire amount owed under
this Order is paid in full." This appeal followed.
Kao's opening brief challenges the Disgorgement Order
and the Contempt Order. On May 8, 2025, this court dismissed
Kao's appeal as to those orders because Kao did not file notices
of appeal from those final post-judgment orders within the time
required by Hawai#i Rules of Appellate Procedure (HRAP)
Rule 4(a)(1). Kao's failure to comply with those orders formed
the basis for the Sanction Order. Kao's opening brief contains
no separate argument that the Circuit erred by entering the
Sanction Order. His point of error "C" is waived. See HRAP
Rule 28(b)(7) ("Points not argued may be deemed waived.").
The June 14, 2024 Findings of Fact, Conclusions of Law,
and Order Granting Nominal Defendant PacMar Technologies LLC's

3
This court vacated the Final Judgment in Navatek Cap. Inc. v. Kao,
No. CAAP-XX-XXXXXXX, 2025 WL 2157693 (Haw. App. July 29, 2025) (SDO), cert.
accepted, SCWC-XX-XXXXXXX, 2025 WL 3723313 (Haw. Dec. 23, 2025). The Sanction
Order arose from post-judgment collection proceedings before the Final
Judgment was vacated.

2
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Motion for Civil Contempt Sanctions Against Defendant Kao for
Knowingly Violating this Court's Contempt Order is affirmed.

DATED: Honolulu, Hawai#i, April 28, 2026.

On the briefs:
/s/ Keith K. Hiraoka
Keith M. Kiuchi, Presiding Judge
for Defendant/Crossclaim
Defendant-Appellant /s/ Sonja M.P. McCullen
Martin Kao. Associate Judge

David M. Louie, /s/ Kimberly T. Guidry
Jesse W. Schiel, Associate Judge
Nicholas R. Monlux,
for Plaintiff-Appellee
Navatek Capital Inc.

David M. Louie,
Jesse W. Schiel,
Nicholas R. Monlux,
for Nominal Defendant/
Crossclaimant-Appellee
Pacmar Technologies LLC.

3