Wong v Star Entertainment Qld Limited

SUPREME COURT OF QUEENSLAND

CITATION:

Wong v Star Entertainment Qld Limited [2021] QCA 277

PARTIES:

YEW CHOY WONG
(appellant)
v
STAR ENTERTAINMENT QLD LIMITED
ACN 010 741 045
(respondent)

FILE NO/S:

Appeal No 4758 of 2021
SC No 1909 of 2020

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal

ORIGINATING COURT:

Supreme Court at Brisbane - [2021] QSC 67 (Bradley J)

DELIVERED ON:

10 December 2021

DELIVERED AT:

Brisbane

HEARING DATE:

8 September 2021

JUDGES:

Morrison and McMurdo JJA and Boddice J

ORDER:

The appeal is dismissed with costs.

CATCHWORDS:

PROCEDURE – STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY – INHERENT AND GENERAL STATUTORY POWERS – TO PREVENT ABUSE OF PROCESS – ATTEMPTS TO RELITIGATE – where the respondent is seeking damages against the appellant – where the appellant is a resident of Singapore – where the respondent commenced proceedings against the appellant in Queensland and Singapore – where the respondent discontinued the Queensland proceedings before the appellant filed a defence – where the Singaporean proceedings were dismissed on a procedural ground – where the respondent recommenced proceedings in Queensland – where the appellant sought to have the proceeding summarily dismissed, or permanently stayed – where the primary judge dismissed the appellant’s application – whether the primary judge erred in finding that the present proceeding was not an abuse of process

Uniform Civil Procedure Rules 1999 (Qld), r 127(2)(c)

Batistatos v Roads and Traffic Authority (NSW) (2006) 226 CLR 256; [2006] HCA 27, cited
Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427; [2011] HCA 48, cited
Re Treadtel International Pty Ltd (2014) 104 ACSR 1; [2014] NSWSC 1406, cited
Tomlinson v Ramsey Food Processing Pty Ltd (2015) 256 CLR 507; [2015] HCA 28, cited
UBS AG v Tyne (2018) 265 CLR 77; [2018] HCA 45, distinguished

COUNSEL:

P L O’Shea QC, with C A Johnstone, for the appellant
J D McKenna QC, with F Y Lubett, for the respondent

SOLICITORS:

Russells for the appellant
King & Wood Mallesons for the respondent

1. MORRISON JA:  I have read the reasons of McMurdo JA and agree with those reasons and the order his Honour proposes.

2. McMURDO JA: The appellant, Dr Wong, is a resident of Singapore. In 2018, he travelled to the Gold Coast, where he stayed and gambled at the respondent’s casino. He attended the casino as a participant in what is called, under part 8, division 2 of the Casino Control Act 1982 (Qld), a special junket agreement.[1]

   [1]See s 85D.

3. Dr Wong held an account with the respondent (Star) from which he could purchase gaming chips.  He requested from Star a cheque cashing facility, to allow him to cash cheques with Star to the extent of $40 million.  Star agreed to provide the facility, on terms which were recorded in a written agreement (the facility agreement).  A few days later, the limit of this facility was increased, by agreement, to $50 million.  Dr Wong provided two…