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FEDERAL COURT PUTRAJAYA
NORDIN HASSAN, FCJ
DATO TING CHING LEE – Appellant
Versus
TING SIU HUA – Respondent
What is the legal status of credit lines and rebates granted for gambling—are they enforceable debts or null and void under Malaysian law? What is the correct approach to determine whether a credit facility tied to gambling constitutes a gambling debt (composite contract) or a genuine loan, and is it enforceable? What is the impact of public policy on gambling-related contracts and the enforceability of gambling debts under Contracts Act 1950 and Civil Law Act 1956?
Key Points: - (!) (!) (!) (!) - (!) (!) (!) (!) - (!) (!) - (!) (!) (!) (!) - (!) (!) (!) - (!) (!) (!) - (!) (!) (!) (!) - (!) (!) - (!) (!) - (!) (!) (!)
Introduction
[1] This is an appeal by Dato Ting Ching Lee, the appellant, against the Court of Appeal's decision to allow the respondent, Ting Siu Hua's counterclaim.
The appellant was the 1st plaintiff and the respondent was the defendant at the High Court . The respondent's counterclaim was for the recovery of monies for two lines of credit totaling USD1.5 million and the advance of rolling rebate for USD193,800.00 for gambling at Naga Casino, Cambodia.
[2] The pertinent and interesting legal issues in the present appeal concern the Malaysian's position on recovering monies related to gambling or wagering and the application of s 26 of the Civil Law Act 1956, and ss 24 and 31 of the Contracts Act 1950. Further, whether the present facts of the case, trigger the application of the said sections in light of the decision by the High Court in Wynn Resorts (Macau) S A v. Poh Yang Hong affirmed by the Court of Appeal and the application for leave to appeal to the Federal Court was dismissed.
[3] On 6 August 2024, the appellant's application for leave to appeal to this Court was granted on one question of law which is as follows:
"In construing whether a
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