Goel Adesh Kumar v Resorts World: False Imprisonment, Assault & Battery in Casino
In Goel Adesh Kumar v Resorts World at Sentosa Pte Ltd, the Singapore High Court addressed claims of false imprisonment, assault, and battery brought by Mr. Goel against Resorts World following an incident at its casino. Mr. Goel alleged that casino security officers and auxiliary police officers (APOs) committed tortious acts, resulting in injuries. The court found Resorts World vicariously liable for the actions of its security officers, but not for the APOs, and awarded damages for false imprisonment, pain and suffering, medical expenses, and transport expenses. The claims for loss of earnings, aggravated and exemplary damages were dismissed. SATS Security Services Pte Ltd was a third party. The court apportioned liability for the tortious acts at 80% to the Casino officers and 20% to the APOs.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for the plaintiff in part.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court: Goel sues Resorts World for false imprisonment, assault, and battery by security. The court found Resorts World vicariously liable.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Goel Adesh Kumar | Plaintiff | Individual | Judgment for the plaintiff in part | Partial | Abraham Vergis, Clive Myint Soe, Vanathi S, Prakash Pillai, Clement Ong |
| Resorts World at Sentosa Pte Ltd | Defendant | Corporation | Judgment against the defendant in part | Partial | N. Sreenivasan, Shankar s/o Angammah Sevasamy, Derek Ow |
| SATS Security Services Pte Ltd | Third Party | Corporation | Third party claim dismissed | Dismissed | Paul Seah Zhen Wei, Kang Weisheng Geraint Edward |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Abraham Vergis | Providence Law Asia LLC |
| Clive Myint Soe | Providence Law Asia LLC |
| Vanathi S | Providence Law Asia LLC |
| Prakash Pillai | Clasis LLC |
| Clement Ong | Clasis LLC |
| N. Sreenivasan | Straits Law Practice LLC |
| Shankar s/o Angammah Sevasamy | Straits Law Practice LLC |
| Derek Ow | Straits Law Practice LLC |
| Paul Seah Zhen Wei | Tan Kok Quan Partnership |
| Kang Weisheng Geraint Edward | Tan Kok Quan Partnership |
4. Facts
- Mr. Goel, an Australian lawyer and Singapore permanent resident, visited the casino at Sentosa.
- Mr. Goel had an argument with another patron, Mr. Tan, over a chip.
- Casino employees brought Mr. Goel to a side room after the argument.
- Mr. Goel claims he was falsely imprisoned, assaulted, and battered in the side room.
- Mr. Goel sustained injuries to his shoulder, requiring surgery.
- Mr. Goel was issued a Persona Non Grata notice, barring him from the casino for a year.
- Mr. Goel was detained in the side room for 46 minutes.
5. Formal Citations
- Goel Adesh Kumar v Resorts World at Sentosa Pte Ltd, Suit No 484 of 2013, [2015] SGHC 289
6. Timeline
| Date | Event |
|---|---|
| Mr. Goel became a Singapore permanent resident. | |
| Mr. Goel went to the casino at Sentosa. | |
| Mr. Goel had an argument with another patron. | |
| Mr. Goel underwent an arthroscopic operation on his right shoulder. | |
| Mr. Goel sued the Casino in the High Court. | |
| The Casino brought SATS in as a third party. | |
| Judgment reserved. |
7. Legal Issues
- False Imprisonment
- Outcome: The court found that Mr. Goel was falsely imprisoned for 46 minutes.
- Category: Substantive
- Related Cases:
- [1999] NSWSC 1113
- Assault
- Outcome: The court found that the actions of the security officers caused Mr. Goel to reasonably apprehend the affliction of immediate, unlawful, force on him.
- Category: Substantive
- Battery
- Outcome: The court found that the actions of the security officers amounted to acts of battery.
- Category: Substantive
- Vicarious Liability
- Outcome: The court found SATS, not the Casino, vicariously liable for the tortious acts of the APOs.
- Category: Substantive
- Related Cases:
- [2014] 4 SLR 931
- Negligence
- Outcome: The court found that the Casino has not been negligent.
- Category: Substantive
8. Remedies Sought
- Damages for pain and suffering
- Medical expenses
- Loss of income
- Aggravated damages
- Exemplary damages
- Loss of casino membership
- Loss of credit in Genting Rewards Gold Card
9. Cause of Actions
- False Imprisonment
- Assault
- Battery
- Negligence
10. Practice Areas
- Personal Injury
- Casino Law
11. Industries
- Gambling
- Security
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Walter Vignoli v Sydney Harbour Casino | Supreme Court of New South Wales | Yes | [1999] NSWSC 1113 | Australia | Cited to support the finding that the casino falsely imprisoned the plaintiff even though he was told he could leave if he handed over the overpaid sum. |
| BHN (administratix of the estate of B, deceased) on her own behalf and on behalf of others v National University of Singapore and others and another appeal | Court of Appeal | Yes | [2014] 4 SLR 931 | Singapore | Cited for the principle of determining whether a party is the employer of the primary tortfeasor and should be vicariously liable for his actions. |
| Downs and another v Chappell and another | N/A | Yes | [1997] 1 WLR 426 | N/A | Cited for the principle of considering the degree of the tortfeasor’s fault and the degree to which his acts contributed to the damage in question when apportioning liability. |
| Thompson v Commissioner of Police of the Metropolis | English Court of Appeal | Yes | [1999] QB 498 | England | Cited to determine the appropriate sum of damages for the tort of false imprisonment. |
| See Song Chang v Hairuddin bin Mohammad | N/A | Yes | [2004] SGDC 140 | Singapore | Cited to determine the appropriate sum of damages for pain and suffering and loss of amenities that was resulted by the shoulder injuries. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Casino Control Act (Cap 33A, 2007 Rev Ed) | Singapore |
| s 129(1)(c) of the Casino Control Act (Cap 33A, 2007 Rev Ed) | Singapore |
| s 180(1) of the Casino Control Act (Cap 33A, 2007 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Casino
- False imprisonment
- Assault
- Battery
- Vicarious liability
- Security officers
- Auxiliary police officers
- Persona Non Grata
- Cooling off room
15.2 Keywords
- Casino
- False imprisonment
- Assault
- Battery
- Singapore
- Tort
- Personal Injury
16. Subjects
- Tort Law
- Casino Law
- Personal Injury
17. Areas of Law
- Tort Law
- False Imprisonment
- Assault
- Battery
- Vicarious Liability