PERALTA EUGENIO SARMIENTO v. COMPASS TECHNOLOGY CO LTD AND ANOTHER

PERALTA EUGENIO SARMIENTO v. COMPASS TECHNOLOGY CO LTD AND ANOTHER

The strike out applications were dismissed because the pleaded conspiracy claims were not obviously unsustainable; contested factual issues including whether plaintiffs suffered pecuniary loss and the measure of damages arising from the alleged conspiracy could not be resolved on a strike out application and must proceed to trial despite prior admissions in criminal proceedings and a Labour Tribunal strike out for want of prosecution.

Citation
PERALTA EUGENIO SARMIENTO v. COMPASS TECHNOLOGY CO LTD AND ANOTHER
Parties
Plaintiff: TEMPRA Virginia Pido; Plaintiff: SEBASTIAN Jonathan San Pedro; Plaintiff: ORDONA Rizalindo Jacildone; Plaintiff: BERTE Narciso 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
20 August 2009
Case Number
DCCJ3502/2008
Procedural Posture
Civil Tort (conspiracy) Relating to Employment and Immigration / Interlocutory Strike Out Application Under O.18 R.19 (application Dismissed)
Outcome
Applications to strike out dismissed
Legal Topics
Conspiracy, Abuse of Process, Res Judicata, Strike Out Applications, Damages, Exploitation of Migrant Workers
Source Language
EN
Tort Employment Immigration Civil Procedure Conspiracy Abuse of Process Res Judicata Strike Out Applications +2 more

Case Brief

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Parties

TEMPRA Virginia Pido

Plaintiff

SEBASTIAN Jonathan San Pedro

Plaintiff

ORDONA Rizalindo Jacildone

Plaintiff

BERTE Narciso 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) Relating to Employment and Immigration / Interlocutory Strike Out Application Under O.18 R.19 (application Dismissed)

Legal Issues

  1. 1 Whether the conspiracy claims are obviously unsustainable under O.18 r.19
  2. 2 Whether plaintiffs are precluded by their admissions in criminal proceedings or by issue estoppel from pursuing civil claims
  3. 3 Whether the Labour Tribunal strike out operates as res judicata

Ratio Decidendi

The strike out applications were dismissed because the pleaded conspiracy claims were not obviously unsustainable; contested factual issues including whether plaintiffs suffered pecuniary loss and the measure of damages arising from the alleged conspiracy could not be resolved on a strike out application and must proceed to trial despite prior admissions in criminal proceedings and a Labour Tribunal strike out for want of prosecution.

Court Disposition

Applications to strike out dismissed

Orders

  • Costs of and occasioned by these applications, including reserved costs, to the employees; to be taxed if not agreed with certificate for counsel; employees' own costs subject to legal aid taxation
  • Costs not awarded on indemnity basis