Wednesday, November 2, 2011

Lawyer fails to reverse order to return RM46,000

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GEORGE TOWN: Lawyer Jason Ong Khan Lee has lost his appeal against a Sessions Court order that his legal firm return US$12,500 (RM45,875) held in trust to a company producing customised playing cards.

High Court Justice Zamani Abdul Rahim, in chambers, dismissed Ong’s appeal, with costs amounting to RM4,500.

In September last year, Asiabet Sdn Bhd filed a suit at the Sessions Court against Ong, who is PKR Kebun Bunga assemblyman, for allegedly withdrawing “trust monies” from its account without authorisation.

The company claimed it had engaged the firm to initiate a breach of contract proceeding against VIP Gaming Solutions Pte Ltd, an Australian company that was later taken over by Star Games Corporation Pte Ltd.

Asiabet said that in a deal with VIP Gaming, the latter paid them US$20,100 (RM62,671), or 50% of the purchase price, for playing cards with the agreement that the remainder would be paid at a later date.

Through a series of correspondence with Ong’s firm, VIP Gaming later agreed to pay Asiabet US$12,500 (RM45,875).

Asiabet claimed that on or around Oct 19, 2006, Ong’s firm received the money but failed to forward the amount to the company.

On June 16, the Sessions Court delivered a summary judgment ordering Ong to pay Asiabet the amount at 8% interest per annum backdated from Oct 19, 2006, until full and final settlement.

Ong then appealed against this, and filed two applications at the Sessions Court — one for stay of execution pending the appeal and the other to set aside the judgment.

The Sessions Court dismissed both applications on Sept 8.

Asiabet was represented by counsel Karin Lim and Tan Wei Ceat, while Datuk C.V. Prabhakaran appeared for Ong. The outcome of the case does not affect Ong as an assemblyman, as this was a civil suit and not a criminal charge.

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