The Court of Second Instance (TSI) upheld the decision of the Court of First Instance (TJB) to order a game promoter to return the amount deposited by a player, but acquitted the game dealer in question, according to TDM Radio Macau.
The case began on April 28, 2014 when a player residing in mainland China transferred around five million patacas to a junket’s bank account to play in a VIP room. He then received a receipt signed by a representative of the game promoter confirming the deposit.
In September 2015, the player requested the withdrawal of the deposited amount, but the junket operator refused to do so.
The TJB, after examining the file, decided to order the promoter of the game to reimburse the investor about five million patacas, plus interest, as of October 30, 2015.
Although it was recognized that the promoter and the concessionaire should be jointly and severally liable to repay the amount initially invested, the court considered that, with regard to the concessionaire, this right had already expired.
According to the court’s decision, the right to reimbursement of the sum deposited expired on September 30, 2015, which means that the three-year period for exercising 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, added TDM Radio Macau.
The compensation claim was dismissed because the limitation period for the right claimed had expired, which led the TJB to pay the concessionaire.
The investor and the game promoter were not satisfied with the decision and filed an appeal with TSB, which has now rejected both appeals and upheld the first instance decision, according to the court ruling cited by TDM Radio Macau .