Wednesday, July 25, 2007

Gambling debts owed to a foreign casino.

A, who is a Malaysian visited Australia the state of Queensland and incurred gambling debts in one of the casions there.
He issued cheques for the purpose of paying the debts.
The cheques were dishonoured.
The casino now brought the action in Malaysian Court seeking to recover the debts.
The High Court dismissed the casino's action with no order as to costs as the Court also did not want to award the gambler's any benefits for his illegal activities.
The Court cited ss.26(2) and 26(4) of the Civil Law Act 1956 which among others forbids any action for the recovery of gambling debts.
Reading the cases and the grounds put forward by the Judge, the main reason for not allowing the casino's claim is public policy. I agree that if our Court were to become a vehicle for casinos to file claims against our citizens then it will be very a sad scenario.I believe we all agree that gambling is a very injurious activities. Everyday we heard of people running away from Alongs.We also heard of people who break their families as a result of gambling habits.

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