The Court of Second Instance (TSI) has upheld the Court of First Instance(TJB) decision to condemn a gaming promoter to return the amount deposited by a gambler, but acquitted the gaming concessionaire in question, according to TDM Radio Macau.
The case began on April 28, 2014 when a gambler, residing in mainland China, transferred about five million patacas to a junket’s bank account to play in a VIP room. He later received a receipt signed by an game promoter representative confirming the deposit.
In September 2015, the gambler demanded the withdrawal of the deposited amount, but the junket operator refused to do so.
The TJB, after examining the case, decided to sentence the gaming promoter to reimburse the investor with approximately five million patacas, plus interest, as of October 30, 2015.
Although it was recognized that the promoter and the concessionaire must jointly be liable to refund the amount initially invested, the court considered that, in relation to the concessionaire, that right already expired.
According to the court’s decision, the right to be refunded the deposited amount expired on September 30, 2015, which means that the three-year period to exercise this right expired on September 30, 2018. However the lawsuit was filed on March 25, 2019, about three years and six months after that date, TDM Radio Macau added.
The compensation claim was dismissed as the statute of limitations of the invoked right had expired, which led the TJB to acquit the concessionaire.
The investor and the gaming promoter were not satisfied with the decision and filed an appeal to the TSB, which has now dismissed both appeals and upheld the first instance ruling, , according to the court decision quoted by TDM Radio Macau.