Taiwan Court upholds Melco’s US$40.7m gaming debt claim

The ruling allows Melco to pursue repayment in Taiwan for credit extended at its Macau casino, despite the defendant’s legal objections.

Taiwan.- The Taiwan High Court has upheld a lower-court ruling ordering a Taiwanese high roller to repay casino operator Melco Resorts & Entertainment Ltd roughly HKD320.47m (US$40.7m), plus ongoing default interest, for a gaming debt incurred in Macau.

The man, identified only by the surname Ku, was a top-tier “VVIP” customer of Melco Resorts. According to court findings reported in Taiwanese media, he received non-negotiable chips worth HKD300 (US$38m), his approved credit limit, at a Melco property on May 17 2020 and lost the entire amount. After deducting commissions and rebates of about HKD10.43m (US$1.3m), the outstanding principal stood at roughly HKD289.57m (US$36m). With default interest applied at 29.25 per cent a year, the total reached nearly HKD320.47m by April 2021. Interest continues to accrue until the debt is fully repaid.

Ku disputed the claim. He alleged that documents submitted by Melco had been forged or altered and that casino surveillance footage was incomplete or modified. He also argued that receiving chips rather than cash did not constitute a monetary loan under Taiwanese law. The High Court rejected these arguments after reviewing the footage, employee testimony and immigration records. It found that Ku had been in Macau, received the chips and gambled on the relevant date. The court held that the parties had agreed he would draw cash credit and exchange it for chips of equal value, and that Melco was legally authorised to extend gaming credit in Macau.

Although the credit agreements named Macau courts as a possible forum, the Taiwan High Court ruled that this jurisdiction was non-exclusive, allowing Melco to sue in Taiwan. Both sides had also agreed that Macau law would govern the arrangements. The court further held that because the credit was lawful in Macau and Ku was an adult who knowingly accepted it, the debt could not be declared invalid because it conflicted with Taiwan’s public order or good morals.

The ruling can still be appealed. Ku had previously obtained and repaid gaming credit from Melco since 2018, which helped him secure higher limits. Reports note that he owns two companies registered in Taiwan and is now based in mainland China.