SEBASTIAN Jonathan San Pedro v. COMPASS TECHNOLOGY CO LTD AND ANOTHER

SEBASTIAN Jonathan San Pedro v. COMPASS TECHNOLOGY CO LTD AND ANOTHER

Leave to appeal was granted because there is a real question with a reasonable prospect of success whether employees who participated in the scheme can nevertheless plead and prove loss arising from the defendants' conspiracy; a stay of proceedings pending appeal was justified to preserve the status quo and prevent potentially wasted costs and injustice given the risk of abuse of process.

Citation
SEBASTIAN Jonathan San Pedro v. COMPASS TECHNOLOGY CO LTD AND ANOTHER
Parties
Plaintiff: TEMPRA Virginia Pido; Plaintiff: SEBASTIAN Jonathan San Pedro; Plaintiff: ORDONA Rizalindo Jacildone; Plaintiff: BERTE Narcisco Jr. Espejon; Plaintiff: PERALTA Eugenio Sarmiento; Plaintiff: OGDAMIN Roel Mark Franco; Plaintiff: CORNEL Antonio JR. Belandres; Plaintiff: ALGIRE Lester Llanto; 1st Defendant: COMPASS TECHNOLOGY COMPANY LIMITED; 2nd Defendant: WILLIAM M TOLEDO
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
16 September 2009
Case Number
DCCJ3499/2008
Procedural Posture
Civil Tort (conspiracy) / Strike Out Applications Dismissed; Leave to Appeal and Stay Application Heard; Leave Granted and Stay Ordered Pending Appeal
Outcome
Leave to appeal granted; proceedings stayed pending determination of the appeal; costs reserved in the cause with certificate for counsel; employees' own costs subject to legal aid taxation; liberty to apply.
Legal Topics
Conspiracy, Abuse of Process, Leave to Appeal, Stay of Proceedings, Costs, Strike Out
Source Language
EN
Tort Civil Procedure Employment Law Immigration Law Conspiracy Abuse of Process Leave to Appeal Stay of Proceedings +2 more

Case Brief

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Parties

TEMPRA Virginia Pido

Plaintiff

SEBASTIAN Jonathan San Pedro

Plaintiff

ORDONA Rizalindo Jacildone

Plaintiff

BERTE Narcisco Jr. Espejon

Plaintiff

PERALTA Eugenio Sarmiento

Plaintiff

OGDAMIN Roel Mark Franco

Plaintiff

CORNEL Antonio JR. Belandres

Plaintiff

ALGIRE Lester Llanto

Plaintiff

COMPASS TECHNOLOGY COMPANY LIMITED

1st Defendant

WILLIAM M TOLEDO

2nd Defendant

Procedural Posture

Civil Tort (conspiracy) / Strike Out Applications Dismissed; Leave to Appeal and Stay Application Heard; Leave Granted and Stay Ordered Pending Appeal

Legal Issues

  1. 1 Whether employees who participated in the alleged scheme can maintain a tort of conspiracy claim
  2. 2 Whether plaintiffs suffered pecuniary loss sufficient to found a conspiracy claim
  3. 3 Whether the civil claims amount to an abuse of process or collateral attack on criminal convictions

Ratio Decidendi

Leave to appeal was granted because there is a real question with a reasonable prospect of success whether employees who participated in the scheme can nevertheless plead and prove loss arising from the defendants' conspiracy; a stay of proceedings pending appeal was justified to preserve the status quo and prevent potentially wasted costs and injustice given the risk of abuse of process.

Court Disposition

Leave to appeal granted; proceedings stayed pending determination of the appeal; costs reserved in the cause with certificate for counsel; employees' own costs subject to legal aid taxation; liberty to apply.

Orders

  • Leave to appeal granted under section 63A of the District Court Ordinance
  • Proceedings in DCCJ 3498/2008 to DCCJ 3505/2008 stayed pending determination of the appeal with liberty to apply