THE STAR PTY LTD v GUOXING CUI

[2023] SGHC 16 High Court (General Division) 20 January 2023 HC/OS 553/2021 ( HC/RA 315/2022 ) 10 min read
4 cases cited Cited by 1 case

Key facts

Court High Court (General Division)
Decided
Judge Chan Seng Onn
Charges / claim Courts and Jurisdiction, Conflicts Of Laws
Counsel Haridass Ho & Partners, Shook Lin & Bok LLP, Cristel Chong, Lee Ping, Shawn Tien, Tan Wei Sze, Yogarajah Yoga Sharmini

Source: [2023] SGHC 16, High Court (General Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (7)

Parties (2)

Case Significance

The Star Pty Ltd v Guoxing Cui [2023] SGHC 16 is grounds of decision of the General Division of the High Court by Chan Seng Onn SJ, dated 20 January 2023, in Originating Summons No 553 of 2021 (Registrar's Appeal No 315 of 2022). The matter concerned whether foreign judgments based upon gambling debts may be registered under the Reciprocal Enforcement of Commonwealth Judgments Act (RECJA), engaging s 3(2)(f) of RECJA read with s 5(2) of the Civil Law Act. The judgment discusses the stare decisis question of whether the High Court is bound by an earlier Court of Appeal decision regarded by a subsequent Court of Appeal as incorrect in obiter dicta, referencing Liao Eng Kiat v Burswood Nominees Ltd [2004] 4 SLR(R) 690 and The Star Entertainment QLD Ltd v Yong Khong Yoong Mark [2022] 4 SLR 976.

[2023] SGHC 16 explained

THE STAR PTY LTD v GUOXING CUI ([2023] SGHC 16) is a Singapore judgment decided by the High Court (General Division) on 20 January 2023. It is categorised under Courts and Jurisdiction and Conflicts Of Laws. Within this corpus it has since been cited by 1 other reported Singapore judgment, a measure of how often later decisions have referred to it. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.

What is [2023] SGHC 16 about?

THE STAR PTY LTD v GUOXING CUI ([2023] SGHC 16) is a High Court (General Division) decision from 2023. Its published catchwords are “Courts and Jurisdiction — Court judgments — Binding force — Stare decisis — Earlier decision of Court of Appeal regarded by subsequent Court of Appeal as incorrect in obiter dicta — Whether High Court bound by earlier decision of Court of Appeal” and “Conflicts Of Laws — Foreign judgments — Recognition — Judgment given in foreign court on gambling debt — Whether Singapore courts precluded from recognising foreign judgment on grounds of public policy — Section 5(2) Civil Law Act (Cap 43, 1999 Rev Ed) — Section 3(2)(f) Reciprocal Enforcement of Commonwealth Judgments Act (Cap 264, 1985 Rev Ed)”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2023] SGHC 16 consider?

The judgment refers to Civil Law Act (Cap 43), Reciprocal Enforcement of Commonwealth Judgments Act (Cap 264), and This was not the first time the court has had to consider the question of whether foreign judgments based upon gambling debts may be registered under the Reciprocal Enforcement of Commonwealth Judgments Act (Cap 264). The statutes cited are listed in full on this page, each linking to its primary text.

How influential is [2023] SGHC 16?

Within this corpus, [2023] SGHC 16 has been cited by 1 later reported Singapore judgment. That count reflects references from other decisions held in this corpus only and is a conservative lower bound on how often the case has actually been cited.

Summary

The Star Pty Ltd, an Australian casino operator, sought to register in Singapore an Australian judgment against Guoxing Cui arising from gambling debts, under the Reciprocal Enforcement of Commonwealth Judgments Act. The respondent argued public policy against gambling under the Civil Law Act barred registration. The High Court held it was bound by the Court of Appeal's decision in Burswood Nominees, dismissed the respondent's appeal, and declined to set aside registration of the judgment.

What did The Star Pty Ltd v Guoxing Cui concern ([2023] SGHC 16)?

It concerned whether Singapore courts may register a foreign judgment based on a gambling debt under the Reciprocal Enforcement of Commonwealth Judgments Act, engaging s 3(2)(f) of RECJA with s 5(2) of the Civil Law Act, and whether public policy precluded recognition.

What stare decisis question arose in The Star Pty Ltd v Guoxing Cui ([2023] SGHC 16)?

The grounds of decision considered whether the High Court is bound by an earlier Court of Appeal decision that a subsequent Court of Appeal regarded as incorrect in obiter dicta, referencing Liao Eng Kiat v Burswood Nominees Ltd and The Star Entertainment QLD Ltd v Yong Khong Yoong Mark.

Statutes Cited

Cases Cited (4)

SLR (4)
[2002] 1 SLR(R) 306 [2004] 4 SLR(R) 690 [2010] 1 SLR 1119 [2022] 4 SLR 976

Cited By (1)

Related cases

Other Singapore judgments involving the same parties or counsel.

Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGHC 16)