The Star Pty Ltd v Wong [2018] NSWSC 151

Supreme Court New South Wales

Medium Neutral Citation: The Star Pty Ltd v Wong [2018] NSWSC 151 Hearing dates: 20 February 2018 Date of orders: 20 February 2018 Decision date: 21 February 2018 Jurisdiction: Common Law Before: Schmidt J Decision: (1) The Plaintiff has leave to proceed pursuant to Rule 11.8AA of the Uniform Civil Procedure Rules 2005 (NSW) against the Defendant. (2) The Defendant draw a replacement cheque made payable to the Plaintiff in the sum of HKD 30,453,500.00 and give that replacement cheque to the Plaintiff within 14 days. (3) The Defendant draw a replacement cheque made payable to the Plaintiff in the sum of HKD 12,181,600.00 and give that replacement cheque to the Plaintiff within 14 days. (4) In default of the Defendant complying with orders 2 and 3, that the Plaintiff have leave to file a Notice of Motion for Default Judgment on Liquidated Claim to seek default judgment in the sum of HKD 42,635,100.00 less any credits due to the Defendant or payments by the Defendant. (5) The Defendant pay the Plaintiff's costs as agreed or assessed. Catchwords: CHEQUES – casino – order seeking replacement cheques – cheques accidently destroyed – s 115 notices – service and leave to proceed – case established – orders sought made – costs Legislation Cited: Casino Control Act 1992 (NSW) Cheques Act 1986 (Cth) Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 (NSW) Category: Principal judgment Parties: The Star Pty Ltd (Plaintiff) Wai Chong Wong (Defendant) Representation: Solicitors: MCW Lawyers (Plaintiff) File Number(s): 2017/376834 Publication restriction: Nil