The Star Entertainment Qld Limited v Yew Choy Wong

Case

[2021] QSC 67

31 March 2021


Details
AGLC Case Decision Date
The Star Entertainment Qld Limited v Yew Choy Wong [2021] QSC 67 [2021] QSC 67 31 March 2021

CaseChat Overview and Summary

The Star Entertainment Qld Limited sought to recover damages from Dr Yew Choy Wong for the dishonour of a cheque presented to the casino. Dr Wong sought to have the proceeding dismissed on the basis that it lacked prospects of success and was vexatious or oppressive, and would bring the administration of justice into disrepute. The court considered whether the plaintiff's claim had sufficient prospects of success to warrant putting the defendant to the time, expense and trouble of defending it, and whether the proceeding was vexatious or oppressive or would bring the administration of justice into disrepute.

The court found that the plaintiff had a good arguable case and that the proceeding had an obvious and substantial connection to the jurisdiction. The court found that Dr Wong was not at risk of injustice if the proceeding continued and that dismissing or staying the proceeding would be an injustice. The court found that the proceeding was not vexatious or oppressive and would not bring the administration of justice into disrepute. The court found that Dr Wong's conduct in Singapore did not amount to forum shopping and that there was no evidence of the plaintiff causing delay, undue expense or injustice by tactical manoeuvring.

The court dismissed the application and ordered the parties to file and serve written submissions on the costs of the application, not exceeding five pages, within 14 days.
Details

Areas of Law

  • Civil Litigation & Procedure

  • Private International Law

Legal Concepts

  • Jurisdiction

  • Res Judicata

  • Abuse of Process

  • Forum Shopping

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Cases Citing This Decision

6

Cases Cited

25

Statutory Material Cited

3

Agar v Hyde [2000] HCA 41