Marina Bay Sands Pte Ltd v Luo Shandong: Summary Judgment and Debt Repayment Dispute

In Marina Bay Sands Pte Ltd v Luo Shandong, the Singapore High Court heard an appeal by Luo Shandong against a summary judgment granted to Marina Bay Sands for a debt of approximately $3.5 million. Luo Shandong claimed to have repaid the debt to Tian Du, a junket operator in Macau, due to exchange control regulations. The High Court, while noting the lack of direct evidence linking Tian Du to Marina Bay Sands, conditionally granted Luo Shandong leave to defend, requiring him to pay $3,500,000 into court within 14 days.

1. Case Overview

1.1 Court

High Court of Singapore

1.2 Outcome

Appeal allowed in part

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Singapore High Court case involving Marina Bay Sands' debt claim against Luo Shandong. The court conditionally granted leave to defend based on a disputed repayment to a junket operator.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
MARINA BAY SANDS PTE LTDPlaintiff, RespondentCorporationAppeal allowed in partPartial
Luo ShandongDefendant, AppellantIndividualConditional leave to defend grantedPartial

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Chng Hu PingDrew & Napier LLC
Kelvin Tan Teck SanDrew & Napier LLC
David Chan Ming OnnShook Lin & Bok LLP
Lee PingShook Lin & Bok LLP
Chng YanShook Lin & Bok LLP

4. Facts

  1. The defendant owed the plaintiff a debt of around $3.5 million, comprising a principal debt of $2.98 million and interest.
  2. The defendant claimed to have repaid the debt to a "junket operator" in Macau named Tian Du.
  3. The defendant argued that exchange control regulations prevented direct payment to the plaintiff.
  4. The defendant submitted documents showing deposits and withdrawals with "Starlink VIP Club", allegedly the operational name of Tian Du.
  5. Liu Jian, the former manager of Tian Du, affirmed that Tian Du collected money from the defendant on behalf of the plaintiff.
  6. The only direct contractual document was the credit application signed between the plaintiff and the defendant, with no link to Tian Du.

5. Formal Citations

  1. Marina Bay Sands Pte Ltd v Luo Shandong, HC/Suit No 706 of 2017, [2018] SGHC 40

6. Timeline

DateEvent
Suit filed by Marina Bay Sands Pte Ltd
Judgment reserved
Judgment issued

7. Legal Issues

  1. Summary Judgment
    • Outcome: The court varied the order by imposing the payment of the amount of $3,500,000 into court within 14 days as a condition for leave to defend.
    • Category: Procedural
  2. Debt Repayment
    • Outcome: The court found that the questions raised regarding debt repayment required consideration on the merits and after a full trial.
    • Category: Substantive
  3. Agency Relationship
    • Outcome: The court noted that whether a principal can falsely deny an agency he had created would be a matter for trial.
    • Category: Substantive

8. Remedies Sought

  1. Summary Judgment
  2. Monetary payment

9. Cause of Actions

  • Debt Claim

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Gambling
  • Hospitality

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

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

  • Summary judgment
  • Debt
  • Junket operator
  • Exchange control regulations
  • Tian Du
  • Starlink VIP Club
  • Agency relationship
  • Credit application

15.2 Keywords

  • Marina Bay Sands
  • Luo Shandong
  • Summary judgment
  • Debt repayment
  • Tian Du
  • Junket operator
  • Singapore High Court

17. Areas of Law

Area NameRelevance Score
Summary Judgement90
Civil Practice75
Agency Law60
Contract Law50

16. Subjects

  • Civil Procedure
  • Contract Law
  • Gambling
  • Debt Recovery