ORDONA Rizalindo Jacildone v. COMPASS TECHNOLOGY CO LTD AND ANOTHER

ORDONA Rizalindo Jacildone v. COMPASS TECHNOLOGY CO LTD AND ANOTHER

The judge concluded there was a reasonable prospect of success on the question whether the pleaded conspiracy claim could be maintained notwithstanding the employees' participation and therefore granted leave to appeal; balancing convenience and fairness and to avoid potentially wasted costs, the court stayed the...

Source-derived case information.

Citation
ORDONA Rizalindo Jacildone 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
DCCJ3500/2008
Procedural Posture
Civil Action Tort of Conspiracy / Post Strike Out Application; Leave to Appeal and Stay Application
Outcome
Leave to appeal granted; stay of proceedings granted pending determination of the appeal
Legal Topics
Conspiracy, Abuse of Process, Stay of Proceedings, Leave to Appeal
Source Language
en
Tort Civil Procedure Employment/immigration Law Administrative Law Conspiracy Abuse of Process Stay of Proceedings Leave to Appeal

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Summary, issues, holding and outcome

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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 Action Tort of Conspiracy / Post Strike Out Application; Leave to Appeal and Stay Application

Legal Issues

  1. 1 Whether employees who participated in the scheme can maintain a tort of conspiracy claim
  2. 2 Whether the pleaded conspiracy claim shows pecuniary loss caused by the conspiracy
  3. 3 Whether the actions amount to an abuse of process or collateral attack on criminal findings

Ratio Decidendi

The judge concluded there was a reasonable prospect of success on the question whether the pleaded conspiracy claim could be maintained notwithstanding the employees' participation and therefore granted leave to appeal; balancing convenience and fairness and to avoid potentially wasted costs, the court stayed the proceedings pending determination of the appeal.

Court Disposition

Leave to appeal granted; stay of proceedings granted pending determination of the appeal

Orders

  • Leave to appeal granted pursuant to section 63A of the District Court Ordinance
  • Proceedings stayed pending determination of the appeal with liberty to apply