K & L GATES v. MELCO CROWN GAMING (MACAU) LTD

K & L GATES v. MELCO CROWN GAMING (MACAU) LTD

The strike-out application was dismissed because, taken as a whole, the plaintiff\'s pleaded matters and available documentary strands (payments to SIC, shared addresses/contacts, draft agency/service appointments and public announcements) were not so unarguably bad that the claim was bound to fail; however...

Source-derived case information.

Citation
K & L GATES v. MELCO CROWN GAMING (MACAU) LTD
Parties
Plaintiff: K & L Gates; 1st Defendant: Navin Kumar Aggarwal; 2nd Defendant: SAT IENG SOCIEDADE UNIPESSOAL LIMITADA; 3rd Defendant: GOLDEN WAY GLOBAL LIMITED; 4th Defendant: SOUTHBANK INVESTMENTS PTY LIMITED; 5th Defendant: SAT FAT LIMITED (also known as SAT FAT SOCIEDADE UNIPESSOAL LIMITADA); 6th Defendant: EVER DISCOVERY LIMITED; 7th Defendant: BURSWOOD NOMINEES LIMITED; 8th Defendant: GOLDEN FUTURE (MANAGEMENT SERVICES) LIMITED; 9th Defendant: VENETIAN MACAU LIMITED; 10th Defendant: WYNN INTERNATIONAL MARKETING LIMITED; 11th Defendant: V-HK SERVICES LIMITED; 12th Defendant: GOLDEN WAY COMPANY LIMITED (also known as GOLDEN WAY SOCIEDADE UNIPESSOAL LIMITADA); 13th Defendant: CROWN MELBOURNE LIMITED; 14th Defendant: WYNN RESORTS (MACAU) S.A; Defendant (action 349/2012): MELCO CROWN GAMING (MACAU) LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 May 2016
Case Number
HCA349/2012
Procedural Posture
Civil (trusts/knowing Receipt, Agency, Commercial Fraud) / Interlocutory Applications: Strike Out and Discovery (decision on Applications)
Outcome
Strike-out application dismissed; limited discovery ordered; costs directions given
Legal Topics
Striking Out, Discovery, Knowing Receipt, Constructive Trust, Apparent Authority, Breach of Statutory Duties
Source Language
en
Civil Procedure Trusts Agency Law Commercial Law Striking Out Discovery Knowing Receipt Constructive Trust +2 more

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Parties

K & L Gates

Plaintiff

Navin Kumar Aggarwal

1st Defendant

SAT IENG SOCIEDADE UNIPESSOAL LIMITADA

2nd Defendant

GOLDEN WAY GLOBAL LIMITED

3rd Defendant

SOUTHBANK INVESTMENTS PTY LIMITED

4th Defendant

SAT FAT LIMITED (also known as SAT FAT SOCIEDADE UNIPESSOAL LIMITADA)

5th Defendant

EVER DISCOVERY LIMITED

6th Defendant

BURSWOOD NOMINEES LIMITED

7th Defendant

GOLDEN FUTURE (MANAGEMENT SERVICES) LIMITED

8th Defendant

VENETIAN MACAU LIMITED

9th Defendant

WYNN INTERNATIONAL MARKETING LIMITED

10th Defendant

V-HK SERVICES LIMITED

11th Defendant

GOLDEN WAY COMPANY LIMITED (also known as GOLDEN WAY SOCIEDADE UNIPESSOAL LIMITADA)

12th Defendant

CROWN MELBOURNE LIMITED

13th Defendant

WYNN RESORTS (MACAU) S.A

14th Defendant

MELCO CROWN GAMING (MACAU) LIMITED

Defendant (action 349/2012)

Procedural Posture

Civil (trusts/knowing Receipt, Agency, Commercial Fraud) / Interlocutory Applications: Strike Out and Discovery (decision on Applications)

Legal Issues

  1. 1 Whether the 2nd defendant (D2) received the 28 payments
  2. 2 Whether SAT IENG CO./COMPANY (SIC) was agent (actual or apparent) of D2
  3. 3 Whether the plaintiff\'s claim is frivolous, vexatious or an abuse of process such that it should be struck out

Ratio Decidendi

The strike-out application was dismissed because, taken as a whole, the plaintiff\'s pleaded matters and available documentary strands (payments to SIC, shared addresses/contacts, draft agency/service appointments and public announcements) were not so unarguably bad that the claim was bound to fail; however discovery was limited to documents submitted by D2 to the Macau gaming regulator (DICJ) relevant to associated/connected entities, and expansive fishing requests were refused.

Court Disposition

Strike-out application dismissed; limited discovery ordered; costs directions given

Orders

  • Strike-out application by 2nd defendant dismissed
  • Discovery ordered limited to documents consisting of submissions/applications/filings by D2 to the Gaming Inspection and Coordination Bureau (DICJ) from 1 March 2005 to 11 December 2010 (delete reference to \"the Macau authorities, in particular to\")