Ian HC Chin J:

Introduction

This is an action by Sababumi (Sandakan) Sdn Bhd ("Sababumi") against the Sandakan Turf Club ("the Club") in respect of, what is virtually, the right to millions of dollars that keep and will keep rolling in for years to come from the bets of punters in Sabah whose dream of striking it rich also spun a web which the punters, blind to the odds they face, would be entrapped to bet again and again in the eternal hope of realising that dream. Thus, the till of the one who has the legal right to organise the gaming rings daily with a continuous stream of ringgit. The tussle in this case is the right to that till and the ownership of that right depends on the construction to be given to an agreement which the parties have signed. I will now proceed to set out the facts of this case.

Facts of Case

On 25 November 1983, the Club was registered under the Societies Act, 1966. Just less than three months later, on 14 February 1984, the Club was exempted from the provisions of the Gaming Ordinance (Cap. 50) ("Ordinance") pursuant to s 27(a) thereof and this has the effect of allowing the Club to carry out gaming activities in the like of totalisator or pari mutue