Ye v Crown Limited [2003] FCA 507

Ye v Crown Limited [2003] FCA 507

The Court preferred the evidence of Crown employees to Li Pei Ye's evidence and found that he authorised the appropriation of AUD $2,200,000 to Mdm Shi's junket and AUD $1,458,049 to part payment of the July debt. Because the balance of AUD $1,338,992 remained due and unpaid on 16 October 2000, Crown's debt...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 May 2003
Procedural Posture
Federal Court Civil Proceeding Concerning Casino Gaming Accounts, Debt Recovery Cross Claim and Defamation / Reasons for Judgment After Hearing; Matter Stood Over for Short Minutes and Argument as to Costs
Outcome
Li Pei Ye's claims for account relief and defamation failed; Crown's cross-claim for the balance of the July debt succeeded; the matter was stood over for short minutes and costs argument.
Legal Topics
['authority to Appropriate Casino Patron Funds' 'premium Player and Junket Gambling Arrangements' 'casino Credit Facility and Counter Cheques' 'truth Defence to Defamation' 'credibility Findings on Disputed Oral Evidence']
['gaming and Casino Regulation' 'contract and Debt' 'defamation' 'evidence'] ['authority to Appropriate Casino Patron Funds' 'premium Player and Junket Gambling Arrangements' 'casino Credit Facility and Counter Cheques' 'truth Defence to Defamation' 'credibility Findings on Disputed Oral Evidence']

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Procedural Posture

Federal Court Civil Proceeding Concerning Casino Gaming Accounts, Debt Recovery Cross Claim and Defamation / Reasons for Judgment After Hearing; Matter Stood Over for Short Minutes and Argument as to Costs

Legal Issues

  1. 1 ["Whether Li Pei Ye authorised Crown to transfer AUD $2,200,000 from funds remitted to Crown into Mdm Shi's junket account and apply the balance to his July debt." 'Whether Crown owed Li Pei Ye any balance of the funds remitted on 3 and 4 October 2000.' "Whether Crown's cross-claim for the unpaid balance of the July debt should succeed." "Whether Crown's report to Central Credit Inc that Li Pei Ye was a Delinquent Casino Account in the amount of AUD $1,338,992 was defamatory or defeated by truth."]

Ratio Decidendi

The Court preferred the evidence of Crown employees to Li Pei Ye's evidence and found that he authorised the appropriation of AUD $2,200,000 to Mdm Shi's junket and AUD $1,458,049 to part payment of the July debt. Because the balance of AUD $1,338,992 remained due and unpaid on 16 October 2000, Crown's debt cross-claim succeeded and the defamation claim failed on the defence of truth.

Court Disposition

Li Pei Ye's claims for account relief and defamation failed; Crown's cross-claim for the balance of the July debt succeeded; the matter was stood over for short minutes and costs argument.

Orders

  • ['The matter be stood over for the parties to bring in short minutes to give effect to these reasons and for argument as to costs.']