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2005 MarsdenLR 2150

HIGH COURT MALAYA, KUALA LUMPUR
JUPITERS LTD – Appellant
Versus
LIM KIN TONG – Respondent


JUDGMENT

Ramly Ali J:

[1] The plaintiff's claim against the defendant is for a sum of AUD$795,601.61 (RM2,104,817) due and owing to the plaintiff as gaming debts to the plaintiff's licenced casino operating in Queensland, Australia.

Brief Facts

[2] The plaintiff runs a casino by the name of "Conrad International Treasury Casino" in the city of Brisbane, in the State of Queensland, Australia. The casino conducts lawful gaming activities in accordance with the laws of the State of Queensland, Australia - ie, the Queensland Casino Control Act 1982. The defendant is an individual who frequented the Casino, and on the facts of this case, between 10 January 1998 to 25 February 1998. For the purpose of gaming at the Casino, the defendant opened a Cheque Cashing Facility (CCF) No: 932619 on our about 9 November 1997 with the casino. The defendant issued (2) cheques in favour of the casino. The (2) cheques were for the sums of AUD$500,000 and AUD$300,000 (equivalent to RM1,316,950 and RM799,590 respectively and totaled RM2,116,540).

[3] The defendant incurred losses in the conduct of lawfully authorised and prescribed betting and gaming activities at the casino. The defendant lost these sums. W

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