Resorts World At Sentosa Pte Ltd Alfie Gan Kong Tian

Resorts World At Sentosa Pte Ltd Alfie Gan Kong Tian

The court dismissed the setting aside application because service (including court-ordered substituted service) was valid at the defendant's last known address provided in the Credit Agreement and official records; the application was filed out of time with no cogent excuse so extension was refused; the defendant failed to particularize allegations of fraud; and the registration/enforcement of the Singapore judgment was not contrary to Malaysian public policy and the merits of the foreign judgment cannot be re-litigated in this court.

Citation
WA-24NCC-1028-11/2022 (Mahkamah Tinggi)
Parties
Plaintiff / Judgment Creditor: RESORTS WORLD AT SENTOSA PTE. LTD.; Defendant / Judgment Debtor: ALFIE GAN KONG TIAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 January 2024
Case Number
WA-24NCC-1028-11/2022 (Mahkamah Tinggi)
Procedural Posture
Registration of Foreign Judgment Under Reciprocal Enforcement of Judgments Act 1958 / Decision on Application to Set Aside Registration (setting Aside Application Dismissed)
Outcome
Setting Aside Application dismissed
Legal Topics
Registration of Foreign Judgment, Reciprocal Enforcement of Judgments, Service of Process, Substituted Service, Public Policy, Fraud, Delay and Extension of Time, Enforceability of Gambling Debts
Source Language
Malay/English
Civil Commercial Conflict of Laws Procedure/enforcement Registration of Foreign Judgment Reciprocal Enforcement of Judgments Service of Process Substituted Service +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 17 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

RESORTS WORLD AT SENTOSA PTE. LTD.

Plaintiff / Judgment Creditor

ALFIE GAN KONG TIAN

Defendant / Judgment Debtor

Procedural Posture

Registration of Foreign Judgment Under Reciprocal Enforcement of Judgments Act 1958 / Decision on Application to Set Aside Registration (setting Aside Application Dismissed)

Legal Issues

  1. 1 Whether the Registration Order and Notice of Registration were validly served
  2. 2 Whether enforcement of the Singapore judgment is contrary to Malaysian public policy (gambling-related defence)
  3. 3 Whether the Registration Order was obtained by fraud

Ratio Decidendi

The court dismissed the setting aside application because service (including court-ordered substituted service) was valid at the defendant's last known address provided in the Credit Agreement and official records; the application was filed out of time with no cogent excuse so extension was refused; the defendant failed to particularize allegations of fraud; and the registration/enforcement of the Singapore judgment was not contrary to Malaysian public policy and the merits of the foreign judgment cannot be re-litigated in this court.

Court Disposition

Setting Aside Application dismissed

Orders

  • Setting Aside Application dismissed with costs