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 )

4 cases cited Cited by 2 cases

Key facts

Court	High Court (General Division)
Decided	20 January 2023
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 20 January 2023 — eLitigation. Updated 10 July 2026.

Catchwords

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 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)

Practice Areas

Courts and Jurisdiction Conflicts Of Laws

Judges (1)

Chan Seng Onn Delivered

Counsel (7)

Haridass Ho & Partners Firm Shook Lin & Bok LLP Firm

Cristel Chong Counsel for the appellant

Lee Ping Counsel for the appellant Shawn Tien Counsel for the respondent Tan Wei Sze Counsel for the appellant Yogarajah Yoga Sharmini Counsel for the respondent

Parties (2)

The Star Pty Ltd Applicant

Guoxing Cui Respondent

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.

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.