NG CHEE MENG WYNN RESORTS (MACAU) S.A.

NG CHEE MENG WYNN RESORTS (MACAU) S.A.

The appeal was dismissed because the plaintiff established a prima facie actionable debt under a written credit agreement governed by Macau law (recognised as validating gaming credit by Macau Law No.5/2004 and by prior judicial authorities); the defendant failed to raise any bona fide triable issue on affidavit, belatedly raised points not pleaded, and the plaintiff's foreign solicitor was sufficiently skilled to give admissible opinion on Macau law, therefore summary judgment was properly granted.

Citation
JA-12ANCC-1-01/2021 (Mahkamah Tinggi)
Parties
Appellant/defendant: Ng Chee Meng; Respondent/plaintiff: Wynn Resorts (Macau) S.A.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 July 2021
Case Number
JA-12ANCC-1-01/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Appeal From Sessions Court Summary Judgment Under Order 14 Rules of Court 2012
Legal Topics
Summary Judgment, Gaming Credit Recoverability, Public Policy and Wagering Statutes, Choice of Law and Foreign Law Recognition, Expert Evidence Admissibility, Parol Evidence Rule
Source Language
Malay/English
Civil Procedure Contract Law Gambling Law Conflict of Laws Evidence Law Summary Judgment Gaming Credit Recoverability Public Policy and Wagering Statutes +3 more

Case Brief

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Parties

Ng Chee Meng

Appellant/defendant

Wynn Resorts (Macau) S.A.

Respondent/plaintiff

Procedural Posture

Civil Appeal / High Court Appeal From Sessions Court Summary Judgment Under Order 14 Rules of Court 2012

Legal Issues

  1. 1 Whether a credit agreement for casino chips governed by Macau Law No.5/2004 is valid and enforceable and gives rise to an actionable debt in Malaysia
  2. 2 Whether agreements facilitating gambling are void under Civil Law Act 1956 s26 and Contracts Act 1950 s31 and thus non‑recoverable
  3. 3 Whether the defendant raised a triable issue sufficient to resist summary judgment under Order 14 Rules of Court 2012

Ratio Decidendi

The appeal was dismissed because the plaintiff established a prima facie actionable debt under a written credit agreement governed by Macau law (recognised as validating gaming credit by Macau Law No.5/2004 and by prior judicial authorities); the defendant failed to raise any bona fide triable issue on affidavit, belatedly raised points not pleaded, and the plaintiff's foreign solicitor was sufficiently skilled to give admissible opinion on Macau law, therefore summary judgment was properly granted.