18 Jan 2022
CHRIS AU v. STEVE YOON SOO KIM
- Citation
- [2022] HKCFI 148
- Court
- Court of First Instance
- Case number
- HCA1285/2014
Although binding contractual obligations to pay existed between the players, the 33 game sessions constituted unlawful gambling not within the s3(2) exception (predominant purpose was high‑stakes gambling; some sessions occurred in non‑private premises), therefore gaming contracts are unenforceable for illegality; insufficient evidence established cheating under s16(1)(b); Plaintiff's claim dismissed and Defendant's counterclaim for wrongly appropriated assets succeeded for HK$454,000 plus interest.
- Illegality
- Intention to create legal relations
- Social occasion (gambling ordinance s3(2))
- Private premises
- Cheating at gambling (s16)
- Enforceability of gaming contracts