Go ahead for casinos to recover RM7.1m gambling debts from former CM
KOTA KINABALU (Feb 6, 2007): The Court of Appeal here today allowed the appeal with costs by two foreign casinos to recover RM7.1 million gambling debts owed by former Sabah Chief Minister Datuk Seri Osu Sukam.
The three-man bench, Justices Datuk James Foong, Datuk Abd Hamid Embong and Datuk Mohamad Raus Sharrif held the High Court judge was wrong to conclude that to register the English High Court judgment in pursuant to Section 5 (1) (a) (v) of the Reciprocal Enforcement of the Judgement Act 1958 was against public policy in Malaysia.
The judges also dismissed the cross appeal with costs by the respondent's counsel Sugumar Balakrishnan.
A representative for the appellants, London-based Ritz Hotel Casino Limited's compliance director Alexa Brummer was elated when leading judge, Foong, read the judgment.
She was accompanied by an instructing solicitor from Kuala Lumpur Ruben Mathiavaranam.
Osu was not present, reports Bernama.
The casinos Ritz Hotel Casino and RHC Limited were represented by counsel Colin Lau.
Following a judgment obtained by the English High Court whereby the respondent failed to appear in the London Court over a bounced cheque he issued to the casino in 2002, the appellants made an application to register the judgment in the High Court of Sabah and Sarawak on Sept 13, 2004.
However, on July 5, 2005, High Court judge Datuk Ian H.C. Chin, here, dismissed the application by the casinos to enforce the judgment against Osu for RM7,142,859.98 in gambling debts.
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