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Or, that what happens in Vegas doesn't necessarily stay in
Vegas: Wynn Las Vegas LLC v Teng, 2012 ONSC 1927. Tenny Teng went
to Las Vegas to gamble, having obtained a $300,000 line of credit
from the Wynn casino (and, it appears, from Caesar's Palace and
the Bellagio as well). Teng drew on the Wynn line of credit and
left Vegas owing a debt of $290,000 (he had paid $10,000 on arrival
as front money). The two cheques he had provided as security were
dishonoured. The casino was, not surprisingly, in contact with Teng
about his indebtedness and was not satisfied by his tales of
financial difficulty and promises to repay. The casino sued in
Ontario, seeking summary judgment for the outstanding principal and
interest. Teng argued first of all that Nevada was the more
appropriate forum, given the location of witnesses and the fact the
debt arose there. He also denied having applied for the line of
credit and claimed even if he had signed the application, he was
was under the influence of all the free drinks that the casino had
plied him with and couldn't remember a thing. Teng contended
these were genuine issues for trial.
Yeah, right! The fact that the casino could have sued in Nevada
was not dispositive; the credit application provided it could
pursue remedies there or elsewhere; and Ontario was, furthermore,
where Teng resided, where his assets were and where the cheques
bounced. Teng also attorned to the jurisdiction of the Ontario
court by filing a defence. As to the 'genuine' issues
requiring trial, they were belied by a clear trail of e-mails which
established that Teng had sent the credit application by fax from
home, and that any claim not to be able to remember signing the
documentation arose after Wynn sued him. Wynn obtained judgment for
the full amount of the debt plus pre-judgment interest at the rate
of 18% as stipulated in the credit agreement, post-judgment
interest of 18% and costs on a partial indemnity scale.
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