ALGIRE Lester Llanto v. COMPASS TECHNOLOGY CO LTD AND ANOTHER

ALGIRE Lester Llanto v. COMPASS TECHNOLOGY CO LTD AND ANOTHER

Leave to appeal was granted because the court could not rule out a reasonable prospect that the employees, though participants, may have a viable conspiracy claim based on pecuniary loss linked to the sham contracts; a stay was granted under the court's s48(5) case management powers to maintain the status quo and avoid prejudice and wasted costs pending determination of the appeal.

Citation
ALGIRE Lester Llanto 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
DCCJ3505/2008
Procedural Posture
Civil (tort Conspiracy) / Post Strike Out Decision: Leave to Appeal Application and Stay Application
Outcome
Leave to appeal granted; proceedings stayed pending determination of the appeal.
Legal Topics
Conspiracy, Abuse of Process, Stay of Proceedings, Leave to Appeal
Source Language
EN
Tort Civil Procedure Immigration Law Conspiracy Abuse of Process Stay of Proceedings Leave to Appeal

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) / Post Strike Out Decision: Leave to Appeal Application and Stay Application

Legal Issues

  1. 1 Whether employees who participated in alleged fraudulent scheme can maintain a tort claim in conspiracy as victims
  2. 2 Whether the pleadings permit a viable cause of action in conspiracy against Compass and Toledo
  3. 3 Whether the employees' civil claims amount to an abuse of process or a collateral attack on a criminal conviction

Ratio Decidendi

Leave to appeal was granted because the court could not rule out a reasonable prospect that the employees, though participants, may have a viable conspiracy claim based on pecuniary loss linked to the sham contracts; a stay was granted under the court's s48(5) case management powers to maintain the status quo and avoid prejudice and wasted costs pending determination of the appeal.

Court Disposition

Leave to appeal granted; proceedings stayed pending determination of the appeal.

Orders

  • Leave to appeal granted
  • Proceedings stayed pending determination of the appeal with liberty to apply