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.