The Star Entertainment Qld Limited v Wong

The Star Entertainment Queensland Limited (The Star GC) has successfully pursued its claim against Dr Wong in the Supreme Court of Queensland for the recovery of cheque cashing facility (CCF) monies. The dispute arose from a cheque cashing facility agreement, which permitted Dr Wong to obtain gaming chips on credit by providing counter cheques. The Star GC sought to recover the amounts advanced under the CCF on the basis that the counter cheques were dishonoured. Dr Wong argued that he had reached an agreement with The Star GC that would prevent the casino from pursuing the outstanding amounts. The court was required to determine whether The Star GC had a valid claim for the recovery of the cheque cashing facility monies as loans and whether Dr Wong had established an alleged agreement as a defence to the casino's claim.

The court found that Dr Wong had not met the requisite standard of proof to establish an alleged agreement that would negate The Star GC's claim. The court held that the agreement, if it existed, was not a complete defence as the cheques provided by Dr Wong to The Star Sydney were not returned to him and had not been used in settlement of his gambling losses. The court held that The Star GC's claim for the recovery of the cheque cashing facility monies as loans was valid, and the counter cheques presented by Mr Chan on behalf of Dr Wong were dishonoured. The court found that Dr Wong's failure to provide cheques with sufficient funds to cover the amounts advanced under the CCF rendered the counter cheques ineffective. The court rejected Dr Wong's defence of an alleged agreement, finding that he had not established the existence of such an agreement to the requisite standard.

The court entered judgment in favour of The Star GC, awarding the casino $38,659,853.22 plus interest and costs. The court held that Dr Wong's failure to establish an alleged agreement as a defence to the casino's claim meant that The Star GC was entitled to recover the cheque cashing facility monies as loans. The court found that the casino had made out its claim and that Dr Wong had not made out any pleaded defence to that claim. The judgment reflects the court's determination that The Star GC's claim for the recovery of the cheque cashing facility monies as loans was valid and that Dr Wong had not established an alleged agreement as a defence to that claim.