DATO’ TING CHING LEE v TING SIU HUA

02f-27-08-2024q Federal Court (Mahkamah Persekutuan) 25 February 2025 • 02(f)-27-08/2024(Q) • 46 min read
19 cases cited (2 SG, 17 foreign)

Catchwords

Practice Areas

Judges (3)

Counsel (9)

Parties (2)

Case Significance

DATO’ TING CHING LEE v TING SIU HUA is a Federal Court (Mahkamah Persekutuan) decision dated February 25, 2025 (citation: 02f-27-08-2024q). <p>Dato' Ting Ching Lee appealed against the Court of Appeal's decision allowing a counterclaim for recovery of gambling credit advanced for play at Naga Casino in Cambodia. The Federal Court examined whether monies given as credit for gambling constitute unenforceable gambling debts under section 26 of the Civil Law Act 1956 and sections 24 and 31 of the Contracts Act 1950. The appeal was allowed, holding that gambling debts are unenforceable in Malaysia as they are against public policy.</p> The panel comprised Abdul Karim bin Abdul Jalil, Abdul Rahman bin Sebli and Nordin bin Hassan, with Nordin bin Hassan delivering the judgment.

Key issues: Malaysian’s position on recovering monies related to gambling or wagering and the application of section 26 of the Civil Law Act 1956, and sections 24 and 31 of the Contracts Act 1950..

Summary

Dato' Ting Ching Lee appealed against the Court of Appeal's decision allowing a counterclaim for recovery of gambling credit advanced for play at Naga Casino in Cambodia. The Federal Court examined whether monies given as credit for gambling constitute unenforceable gambling debts under section 26 of the Civil Law Act 1956 and sections 24 and 31 of the Contracts Act 1950. The appeal was allowed, holding that gambling debts are unenforceable in Malaysia as they are against public policy.

What was the outcome of DATO’ TING CHING LEE v TING SIU HUA?

<p>Dato' Ting Ching Lee appealed against the Court of Appeal's decision allowing a counterclaim for recovery of gambling credit advanced for play at N...

Statutes Cited

Civil Law Act 1956
s 26
Civil Law Act
s 5(2)
Civil Law Act 1956
s 26
Civil Law Act 1956
s 26 s 26(1) s 26(2)
Contracts Act 1950
s 24
Contracts Act 1950
s 31(1)
Court of Judicature Act 1964
s 96
Gaming Act
s 18
Gaming Act 1845
s 18
Interpretation Act
s 9A

Cases Cited (19)

SLR (2)
[1999] 2 SLR 412 [2002] 1 SLR(R) 306
UK (7)
[1892] 2 QB 484 [1949] All ER 452 [1950] 1 KB 400 [1951] 1 KB 594 [1965] 2 QB 63 [1991] 2 AC 548 [2015] 4 All ER 222
MY (10)
[1964] 10 MLJ 291 [1995] 3 CLJ 256 [1999] 1 MLJ 257 [1999] 5 MLJ 558 [2005] 6 MLJ 760 [2005] MLJU 534 [2006] 5 CLJ 277 [2007] 7 MLJ 228 [2011] 1 CLJ 51 [2019] MLJU 2003