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2017 MarsdenLR 2338

HIGH COURT MALAYA KUALA LUMPUR
WYNN RESORTS (MACAU) SA – Appellant
Versus
WANG YEN LIANG – Respondent


[1] This is the Defendant's application in encl 8 to stay or strike out the Plaintiff's claim, under O 12 r 10(1), (2) and (7), O 18 r 19 (1) (b) or (d) and/or O 92 r 4 of the Rules of 2012 ('ROC').

[2] On 6 December 2016, this Court dismissed the application and the reasons now follow.

The Statement Of Claim

[3] The Plaintiff, Wynn Resorts (Macau) SA is a company incorporated in Macau Special Administrative Region and the Defendant was and is at all material time, a Malaysian citizen and believed to have three (3) residential addresses in Jalan Sri Hartamas Kuala Lumpur, Bukit Damansara Kuala Lumpur and Ara Damansara, Petaling Jaya Selangor.

[4] It is stated that at the Defendant's request and by signing three Credit Documents, the Plaintiff agreed to offer a total loan for an amount of HKD20,000,000.00 to the Defendant and the Loan Agreements are subjected to and governed under the laws in Macau. The Credit Documents are as follows:

i. a Credit Agreement dated 10 May 2013 for HKD10,000,000.00;

ii. a Credit Line Increase Request dated 23 May 2014; and

iii. a Credit Line Increase Request dated 24 May 2014 for another HKD10,000,000.00

[5] The loan sum was given to the Defendant on or about

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