PERALTA Eugenio Sarmiento v. COMPASS TECHNOLOGY CO LTD AND ANOTHER

PERALTA Eugenio Sarmiento v. COMPASS TECHNOLOGY CO LTD AND ANOTHER

The court granted leave to appeal because it could not rule out a reasonable prospect of success on the core question whether employees who participated in the conspiracy might nonetheless establish a tort of conspiracy given the pleaded facts; the court stayed proceedings pending the appeal because on balance...

Source-derived case information.

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 Narcisco Jr. Espejon; Plaintiff: Peralta Eugenio Sarmiento; Plaintiff: Ogdamn 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
DCCJ3502/2008
Procedural Posture
Civil Tort (conspiracy) / Interlocutory — Application for Leave to Appeal and Stay of Proceedings Following Strike‑out Applications
Outcome
Leave to appeal granted; proceedings stayed pending determination of the appeal; costs reserved in the cause with certificate for counsel; employees' costs subject to legal aid taxation; liberty to apply for variation.
Legal Topics
Conspiracy, Abuse of Process, Stay of Proceedings, Leave to Appeal, Strike Out
Source Language
en
Civil Litigation Tort Employment Law Procedural Law Immigration Law Conspiracy Abuse of Process Stay of Proceedings +2 more

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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

Ogdamn 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) / Interlocutory — Application for Leave to Appeal and Stay of Proceedings Following Strike‑out Applications

Legal Issues

  1. 1 Whether employees who participated in a conspiracy can maintain a tort claim in conspiracy against co‑conspirators
  2. 2 Whether the pleaded allegations permit a viable cause of action in conspiracy given the employees' participation and knowledge
  3. 3 Whether the proceedings constitute an abuse of process or a collateral attack on a criminal conviction

Ratio Decidendi

The court granted leave to appeal because it could not rule out a reasonable prospect of success on the core question whether employees who participated in the conspiracy might nonetheless establish a tort of conspiracy given the pleaded facts; the court stayed proceedings pending the appeal because on balance preserving the status quo avoided potentially wasted costs and addressed risk of abuse of process, subject to liberty to apply.

Court Disposition

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

Orders

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