WYNN RESORTS (MACAU) S.A v SOONG FAN ON

ba-22ncc-195-09-2025 High Court (Mahkamah Tinggi) 1 March 2026 • BA-22NCC-195-09/2025 • 21 min read

4 cases cited (0 SG, 4 foreign)

Catchwords

The Court dismissed the Defendant’s application to strike out the Plaintiff’s Writ and Statement of Claim under Order 18 rule 19(1)(a), (b), and (d) of the Rules of Court 2012 and the Defendant has appealed. The Court emphasised that the issue at this stage was not whether the Plaintiff would ultimately succeed, but whether the claim was plainly and obviously unsustainable. As striking out is a summary jurisdiction exercised sparingly, the Court held it was inappropriate to resolve disputed facts, assess credibility, or conclusively characterise the transaction on affidavit evidence alone. Although the Defendant raised serious issues of illegality, wagering, public policy, and lex fori, these required fuller examination at trial. The Plaintiff had presented a structured case supported by documents, affidavit evidence, and alternative legal bases that could not be summarily dismissed. Accordingly, the Court found that the dispute required a full trial and was therefore unsuitable for striking out.

Judges (1)

Anita binti Harun Delivered

Counsel (6)

Mathews Hun Lachimanan Firm S L Goon & Partners Firm Koh Jo Vin Counsel Plaintiff Lam Mei Yee Counsel Defendant Richard Lee Wen Gee Counsel Plaintiff Woon Ling Li Counsel Defendant

Parties (2)

Soong Fan On Defendant Wynn Resorts S.a Plaintiff

Statutes Cited

Civil Law Act 1956

s 26

Contracts Act 1950 (Cap 136)

Rules of Court 2012

Cases Cited (4)

MY (4)

[1975] 2 MLJ 1 [1993] 3 MLJ 36 [2003] 3 CLJ 349 [2025] 2 MLJ 295

Judgment

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Source: eJudgment (ba-22ncc-195-09-2025)