MGM GRAND PARADISE S.A. v SOONG FAN ON
ba-22ncc-91-05-2025 High Court (Mahkamah Tinggi) 14 January 2026 • BA-22NCC-91-05/2025 • 11 min read
5 cases cited
(1 SG, 4 foreign)
Catchwords
This judgment addresses the Defendant’s application to strike out the Plaintiff’s Writ of Summons and Statement of Claim under Order 18 rule 19(1)(a), (b), and (d) of the Rules of Court 2012. The Defendant argued that the Plaintiff’s claim was unenforceable because it was based on a gambling debt allegedly incurred at a Macau casino, which is void under Malaysian law. In contrast, the Plaintiff maintained that the claim concerned repayment of monies advanced under a contractual credit facility pursuant to a Marker Signing Privileges Agreement dated 15 June 2024. The Court found that the dispute hinged on the proper characterisation of the transaction, which required examination of evidence and could not be resolved at the interlocutory stage. As the claim was not clearly barred or plainly unsustainable in law, the striking-out application was dismissed. Costs of RM5,000 were awarded to the Plaintiff.
Judges (1)
Counsel (6)
Statutes Cited
Contracts Act 1950 (Cap 136)
Rules of Court 2012
Cases Cited (5)
SG (1)
[2002] SGHC 36
MY (4)
[1975] 2 MLJ 1 [1993] 3 MLJ 36 [1999] 5 MLJ 558 [2025] 2 MLJ 295
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ba-22ncc-91-05-2025)