The Star Pty Ltd v Guoxing Cui: Recognition of Foreign Judgment on Gambling Debt
In The Star Pty Ltd v Guoxing Cui, the General Division of the High Court of Singapore addressed the issue of recognizing a foreign judgment based on a gambling debt. The Star Pty Ltd, operating an Australian casino, sought to register a judgment against Guoxing Cui in Singapore under the Reciprocal Enforcement of Commonwealth Judgments Act. Cui challenged the registration, arguing it violated public policy. The court, bound by the precedent set in Liao Eng Kiat v Burswood Nominees Ltd, dismissed Cui's appeal and declined to set aside the registration of the judgment.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Appeal dismissed; registration of the 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 recognizing a foreign judgment on a gambling debt. The court found itself bound by precedent to dismiss the appeal.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| The Star Pty Ltd | Applicant | Corporation | Appeal Dismissed | Lost | |
| Guoxing Cui | Respondent | Individual | Appeal Allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Seng Onn | Senior Judge | Yes |
4. Counsels
4. Facts
- The applicant, The Star Pty Ltd, operates a casino in New South Wales, Australia.
- The respondent, Guoxing Cui, incurred gambling debts at The Star Sydney.
- The applicant obtained a judgment against the respondent in the Supreme Court of New South Wales for $6,186,314.72 AUD.
- The applicant sought to register the judgment in Singapore under the Reciprocal Enforcement of Commonwealth Judgments Act.
- The respondent challenged the registration, arguing it violated Singapore's public policy against enforcing gambling debts.
- The Assistant Registrar declined to set aside the registration.
- The respondent appealed the Assistant Registrar's decision.
5. Formal Citations
- The Star Pty Ltd v Guoxing Cui, Originating Summons No 553 of 2021 (Registrar’s Appeal No 315 of 2022), [2023] SGHC 16
6. Timeline
| Date | Event |
|---|---|
| Applicant obtained judgment against the respondent from the Supreme Court of New South Wales. | |
| Applicant's application to register the judgment in Singapore was granted. | |
| Respondent filed an application to set aside registration of the judgment. | |
| Assistant Registrar declined to set aside the registration. | |
| Hearing date. | |
| Reasons given for dismissing the appeal. |
7. Legal Issues
- Recognition of Foreign Judgments on Gambling Debts
- Outcome: The court found itself bound by precedent to allow the registration of the foreign judgment, despite arguments that it violated public policy.
- Category: Substantive
- Stare Decisis
- Outcome: The court held that it was bound by the earlier decision of the Court of Appeal in Burswood, despite obiter dicta in Desert Palace suggesting that Burswood was wrongly decided.
- Category: Procedural
8. Remedies Sought
- Registration of Foreign Judgment
- Setting Aside Registration of Judgment
9. Cause of Actions
- Enforcement of Foreign Judgment
- Recovery of Gambling Debt
10. Practice Areas
- Commercial Litigation
11. Industries
- Gambling
- Legal Services
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 | Cited as binding precedent that section 3(2)(f) of the RECJA read together with section 5(2) of the CLA did not preclude registration of foreign judgments based upon gambling debts. |
| The Star Entertainment QLD Ltd v Yong Khong Yoong Mark | High Court | Yes | [2022] 4 SLR 976 | Singapore | Cited as a case where the High Court considered itself bound by the authority of Burswood to recognise a similar foreign judgment. |
| Poh Soon Kiat v Desert Palace Inc | Court of Appeal | Yes | [2010] 1 SLR 1119 | Singapore | Cited for obiter dicta suggesting that Burswood had been wrongly decided. |
| Star City Pty Ltd (formerly known as Sydney Harbour Casino Pty Ltd) v Tan Hong Woon | Court of Appeal | Yes | [2002] 1 SLR(R) 306 | Singapore | Cited to show that the courts are bound to reject claims for foreign gambling debts directly brought in Singaporean courts. |
13. Applicable Rules
| Rule Name |
|---|
| Order 67 Rule 9(3) of the Rules of Court (Cap 322, R 5, 2014 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Reciprocal Enforcement of Commonwealth Judgments Act (Cap 264, 1985 Rev Ed) | Singapore |
| Section 5(2) Civil Law Act (Cap 43, 1999 Rev Ed) | Singapore |
| Casino Control Act 1992 | New South Wales |
15. Key Terms and Keywords
15.1 Key Terms
- Foreign Judgment
- Gambling Debt
- Public Policy
- Reciprocal Enforcement of Commonwealth Judgments Act
- Stare Decisis
- Casino
- Registration of Judgment
15.2 Keywords
- Foreign Judgment
- Gambling Debt
- Singapore
- Recognition
- RECJA
- Civil Law Act
- Public Policy
17. Areas of Law
16. Subjects
- Conflict of Laws
- Civil Procedure
- Gambling Law