Chua Kwee Sin v Venerable Sek Meow Di: Dispute over USD 1M Casino Investment

In Chua Kwee Sin v Venerable Sek Meow Di, the High Court of Singapore heard a case regarding a USD 1 million investment in a Cambodian casino. Chua Kwee Sin, the plaintiff, claimed Venerable Sek Meow Di, the defendant, failed to return the investment. The defendant denied liability and implicated Tang Kheng Tiong, the third party, as the beneficiary. Tay Yong Kwang J dismissed the plaintiff's claim, finding no agreement or fraudulent misrepresentation by the defendant, and that the defendant had passed the money to the third party. The defendant's claim for indemnity against the third party was dismissed as academic.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Plaintiff's claim dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Dispute over a USD 1 million investment in a Cambodian casino. The plaintiff's claim for return of investment was dismissed.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Chua Kwee SinPlaintiffIndividualClaim DismissedLost
Venerable Sek Meow DiDefendantIndividualJudgment for DefendantWon
Tang Kheng TiongThird PartyIndividualClaim DismissedNeutral

3. Judges

Judge NameTitleDelivered Judgment
Tay Yong KwangJudgeYes

4. Counsels

4. Facts

  1. Plaintiff claimed entitlement to return of USD 1m investment from defendant.
  2. Defendant denied liability, claiming third party was beneficiary of investment.
  3. Plaintiff and third party entered into a written partnership agreement.
  4. Plaintiff handed over USD 350,000 and USD 500,000 in cash to the defendant.
  5. Plaintiff handed over S$100,000 in cash and S$110,000 in cheques to the defendant.
  6. Third party issued two receipts for the investment sum.
  7. The defendant passed the plaintiff’s money to the third party.

5. Formal Citations

  1. Chua Kwee Sin v Venerable Sek Meow Di (Tang Kheng Tiong, third party), Suit No 3 of 2011, [2013] SGHC 265

6. Timeline

DateEvent
Defendant approached plaintiff with casino business proposal.
Plaintiff and third party executed partnership agreement.
Plaintiff handed over USD 350,000 to defendant.
Plaintiff handed over USD 500,000 to defendant.
Plaintiff handed over S$100,000 in cash and S$110,000 in cheques to defendant.
Golden Empire Services Limited incorporated in BVI.
Movie released.
Third party handed plaintiff two receipts.
Plaintiff's solicitors issued letter of demand.
Suit filed.
Judgment issued.

7. Legal Issues

  1. Breach of Contract
    • Outcome: The court held that the alleged oral agreement between the plaintiff and the defendant was not proved.
    • Category: Substantive
  2. Fraudulent Misrepresentation
    • Outcome: The court held that fraudulent misrepresentation on the part of the defendant was not proved.
    • Category: Substantive
    • Related Cases:
      • [2006] 3 SLR(R) 469
  3. Unjust Enrichment
    • Outcome: The court dismissed the plaintiff's claim in unjust enrichment.
    • Category: Substantive
    • Related Cases:
      • [2011] 3 SLR 540
      • [2009] 4 SLR(R) 788

8. Remedies Sought

  1. Restitution of monies advanced

9. Cause of Actions

  • Breach of Contract
  • Unjust Enrichment
  • Fraudulent Misrepresentation

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Gambling

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Chua Kwee Chen and others (as Westlake Eating House) and another v Koh Choon ChinHigh CourtYes[2006] 3 SLR(R) 469SingaporeCited for the standard of proof in civil proceedings where fraud and/or dishonesty is alleged.
Skandinaviska Enskilda Banken AB (Publ), Singapore Branch v Asia Pacific Breweries (Singapore) Pte Ltd and another and another appealCourt of AppealYes[2011] 3 SLR 540SingaporeCited for the elements that must be satisfied for a claim in unjust enrichment to succeed.
Skandinaviska Enskilda Banken AB (Publ), Singapore Branch v Asia Pacific Breweries (Singapore) Pte Ltd and another and another suitHigh CourtYes[2009] 4 SLR(R) 788SingaporeCited for the recognition of ministerial receipt.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Casino Investment
  • Partnership Agreement
  • Fraudulent Misrepresentation
  • Unjust Enrichment
  • Ministerial Receipt

15.2 Keywords

  • Casino
  • Investment
  • Contract
  • Fraud
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Unjust Enrichment80
Misrepresentation70
Breach of Contract60
Contract Law60
Intention of Parties40
Sham Transaction40
Sham Contract40
Abuse of Trust40
Contracts of indemnity30
Guarantee30
Guarantees and indemnities30
Guarantor30
Consideration30
Sufficiency of consideration30
Indemnity30
Inducement30
Money had and received30
Warranty30
Formation30
Guarantees30
Implied contracts30
Dishonest Intention30
Wrongful Loss30
Wrongful Gain30
Breach of Guarantee30
Profit Sharing Agreement30
Joint Venture Agreement30
Indemnification30
Breach of oral agreement30
Tortious Interference20
Wrongful Interference with Trade20
Pre-incorporation contracts20
Tort of conspiracy to injure20
Actual Authority20
Ostensible Authority20
Contracts (Rights of Third Parties) Act20
Assignment of Contractual Rights20
Contractual estoppel20
Unilateral mistake20
Agency by estoppel20
No-Assignment Clause20
Rectification of Contracts20
Estoppel in defiance of statute20
Bars to rescission20
Rights of agent20
Duty of fidelity20
Unconscionable transactions20
Non-reliance clause20
Breach of duty of fidelity20
Oral Variation of Contract20
Indian Contract Act10
Voluntariness of Statements10
Confidentiality Clause10
Non-Solicitation Clause10
Extortion10
Implied Admission10
Separability Doctrine10
Termination of Employment10
Bunker Supply Agreement10
Vehicle Sales Agreement10
Clean Hands Doctrine10
Insurance Law10
Implied Retainer10
Reasonableness of Settlement10
Convertible Loan Agreements10
Non-solicitation10
Deeds of Renunciation10
Resolution Agreement10
Contra Proferentem Rule10
Fundamental Change of Circumstances10
Vessel Lease Contract10
Franchise Agreements10
Best Efforts Clause10
Non-Compete Clause10

16. Subjects

  • Contract Law
  • Restitution
  • Unjust Enrichment
  • Casino Investment