PEMIUTANG PENGHAKIMAN RESORTS WORLD AT SENTOSA PTE LTD PENGHUTANG PENGHAKIMAN ANDREW KAM TAI YEOW

PEMIUTANG PENGHAKIMAN RESORTS WORLD AT SENTOSA PTE LTD PENGHUTANG PENGHAKIMAN ANDREW KAM TAI YEOW

Because the gambling debts were incurred at a licensed Singapore casino and the Singapore judgments were validly and lawfully obtained, their registration and enforcement in Malaysia are not contrary to Malaysian public policy; therefore REJA s5(1)(a)(v) does not apply and the application to set aside the registrations is dismissed, consistent with binding precedent that a registering court will not re‑examine merits of a foreign judgment.

Citation
WA-24-10-04/2019 (Mahkamah Tinggi)
Parties
Judgment Creditor: Resorts World at Sentosa Pte Ltd; Judgment Debtor: Andrew Kam Tai Yeow
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 April 2021
Case Number
WA-24-10-04/2019 (Mahkamah Tinggi)
Procedural Posture
Registration of Foreign Judgment Under Reciprocal Enforcement of Judgments Act 1958 / Application to Set Aside Registration; Judgment Delivered
Outcome
Judgment Debtor's application to set aside the registration of the Singapore judgments dismissed
Legal Topics
Registration of Foreign Judgment, Public Policy Defence, Reciprocity and Comity, Wagering Contracts, REJA S5(1)(a)(v)
Source Language
Malay/English
Private International Law Enforcement of Foreign Judgments Contract Law Gambling Law Public Policy Registration of Foreign Judgment Public Policy Defence Reciprocity and Comity +2 more

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Parties

Resorts World at Sentosa Pte Ltd

Judgment Creditor

Andrew Kam Tai Yeow

Judgment Debtor

Procedural Posture

Registration of Foreign Judgment Under Reciprocal Enforcement of Judgments Act 1958 / Application to Set Aside Registration; Judgment Delivered

Legal Issues

  1. 1 Whether registration and enforcement of Singapore judgments based on gambling debts is contrary to public policy in Malaysia
  2. 2 Whether section 5(1)(a)(v) of the Reciprocal Enforcement of Judgments Act 1958 applies to bar registration
  3. 3 Whether a registering court may re‑examine merits of the foreign judgment or apply domestic statutes (eg s26 Civil Law Act, s31 Contracts Act) to refuse registration

Ratio Decidendi

Because the gambling debts were incurred at a licensed Singapore casino and the Singapore judgments were validly and lawfully obtained, their registration and enforcement in Malaysia are not contrary to Malaysian public policy; therefore REJA s5(1)(a)(v) does not apply and the application to set aside the registrations is dismissed, consistent with binding precedent that a registering court will not re‑examine merits of a foreign judgment.

Court Disposition

Judgment Debtor's application to set aside the registration of the Singapore judgments dismissed

Orders

  • Application dismissed with costs of RM5000.00 respectively subject to allocator fees