Star Entertainment QLD Ltd v Yong Khong Yoong Mark: Reciprocal Enforcement of Foreign Gambling Judgments
In Star Entertainment QLD Ltd v Yong Khong Yoong Mark, the General Division of the High Court of Singapore addressed the issue of registering a foreign judgment based on gambling debts. The Judgment Creditor, Star Entertainment QLD Limited, sought to register a default judgment obtained in Australia against the Judgment Debtor, Yong Khong Yoong Mark, under the Reciprocal Enforcement of Commonwealth Judgments Act. The court, bound by the precedent set in Liao Eng Kiat v Burswood Nominees Ltd, dismissed the Judgment Debtor's appeal and declined to set aside the registration, despite a later Court of Appeal expressing doubts about the correctness of the Burswood Nominees decision. The primary legal issue was whether section 3(2)(f) of the RECJA bars the registration of a foreign judgment based on a gambling debt.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Appeal dismissed; registration of the Australian judgment under the Reciprocal Enforcement of Commonwealth Judgments Act declined to be set aside.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court considers registration of Australian judgment for gambling debts under RECJA, bound by precedent despite doubts on prior ruling.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| The Star Entertainment QLD Limited | Applicant | Corporation | Appeal Dismissed | Lost | Yogarajah Yoga Sharmini, Shawn Tien Si Yuan |
| Khong Yoong Mark Yong | Respondent | Individual | Registration of Judgment Upheld | Won | Cheo Chai Beng Johnny |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Pang Khang Chau | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Yogarajah Yoga Sharmini | Haridass Ho & Partners |
| Shawn Tien Si Yuan | Haridass Ho & Partners |
| Cheo Chai Beng Johnny | Cheo Yeoh & Associates LLC |
4. Facts
- The Judgment Creditor operates a casino in Queensland, Australia.
- The Judgment Debtor was a customer of the Casino.
- The Judgment Debtor incurred debts arising from his patronage of the Casino.
- The Judgment Creditor obtained a default judgment against the Judgment Debtor in the Supreme Court of Queensland.
- The debt underlying the Judgment was incurred pursuant to a cheque cashing facility.
- The Judgment Debtor was an experienced patron of gambling establishments.
- Gambling by the Judgment Debtor at the Casino was not against public policy in Australia.
5. Formal Citations
- The Star Entertainment QLD Ltd v Yong Khong Yoong Mark, Originating Summons No 221 of 2021(Registrar’s Appeal No 276 of 2021), [2021] SGHC 280
6. Timeline
| Date | Event |
|---|---|
| Queensland's Casino Control Act 1982 issued. | |
| Judgment Debtor used the Casino’s CCF in Sydney, Australia. | |
| Judgment Debtor used the Casino’s CCF twice. | |
| Judgment Creditor obtained a default judgment against the Judgment Debtor in the Supreme Court of Queensland. | |
| Hearing date. | |
| Judgment date. |
7. Legal Issues
- Enforcement of Foreign Gambling Debts
- Outcome: The court held that it was bound by precedent to allow the registration of the foreign judgment, despite reservations about the correctness of that precedent.
- Category: Substantive
- Public Policy Exception to Enforcement of Foreign Judgments
- Outcome: The court found that the domestic public policy against enforcing gambling debts did not meet the higher threshold of 'international' public policy required to refuse registration of a foreign judgment.
- Category: Substantive
8. Remedies Sought
- Registration of Foreign Judgment
- Monetary payment of debt
9. Cause of Actions
- Recovery of Gambling Debts
10. Practice Areas
- Commercial Litigation
11. Industries
- Gaming
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Liao Eng Kiat v Burswood Nominees Ltd | Court of Appeal | Yes | [2004] 4 SLR(R) 690 | Singapore | The Court of Appeal held that s 3(2)(f) of the Reciprocal Enforcement of Commonwealth Judgments Act does not bar the registration of a foreign judgment based on a gambling debt. This case is binding on the present case. |
| Poh Soon Kiat v Desert Palace Inc (trading as Caesars Palace) | Court of Appeal | Yes | [2010] 1 SLR 1129 | Singapore | The Court of Appeal commented that Liao Eng Kiat v Burswood Nominees Ltd was wrongly decided. However, the court in Star Entertainment took the view that the comments made in Desert Palace regarding Burswood Nominees were obiter. |
| Star Cruise Services Ltd v Overseas Union Bank Ltd | N/A | Yes | [1999] 2 SLR(R) 183 | Singapore | Cited for the principle that claims for gambling debts could not be entertained by Singapore courts even if such debts were incurred pursuant to gambling activities overseas and wagering contracts governed by foreign law. |
| Star City Pty Ltd (formerly known as Sydney Harbour Casino Pty Ltd) v Tan Hong Woon | N/A | Yes | [2002] 1 SLR(R) 306 | Singapore | Cited for the principle that claims for gambling debts could not be entertained by Singapore courts even if such debts were incurred pursuant to gambling activities overseas and wagering contracts governed by foreign law. |
| Star Entertainment QLD Ltd v Wong Yew Choy and another matter | N/A | Yes | [2020] 5 SLR 1 | Singapore | Cited for the principle that claims for gambling debts could not be entertained by Singapore courts even if such debts were incurred pursuant to gambling activities overseas and wagering contracts governed by foreign law. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Reciprocal Enforcement of Commonwealth Judgments Act (Cap 264, 1985 Rev Ed) | Singapore |
| Civil Law Act (Cap 43, 1999 Rev Ed) | Singapore |
| Casino Control Act 1982 | Queensland, Australia |
15. Key Terms and Keywords
15.1 Key Terms
- Reciprocal Enforcement of Commonwealth Judgments Act
- Cheque Cashing Facility
- Gambling Debt
- Public Policy
- Foreign Judgment
- Casino
- Registration of Judgment
15.2 Keywords
- foreign judgment
- gambling debt
- RECJA
- Singapore
- Australia
- casino
- enforcement
16. Subjects
- Conflict of Laws
- Enforcement of Judgments
- Gambling Law
17. Areas of Law
- Conflict of Laws
- Foreign Judgments
- Betting, Gaming and Lotteries
- Civil Procedure