Decided 5 June 2013 End date June 5, 2013 | Subsequent action(s) none | |
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Citation(s) [2013] HCA 25; 250 CLR 392 Prior action(s) Kakavas v Crown Melbourne Ltd [2009] VSC 559Kakavas v Crown Melbourne Ltd [2012] VSCA 95 | ||
Kakavas v crown melbourne ltd 2013 hca 25
Kakavas v Crown Melbourne Ltd & Ors [2013] HCA 25 is a landmark Australian judgment of the High Court. The matter related to claims that casino had taken unfair or unconscientious advantage of the opportunity created by a patron's special disadvantage, being a gambling problem.
Harry Kakavas a known problem gambler who had a gambling turnover of $1.5 billion and losses of $20.5 million claimed Melbourne's Crown Casino had engaged in unconscionable conduct by "luring" him into the casino with incentives and the use of the casino's private jet. It earlier proceedings it had also been claimed that a duty of care was owed by Crown to a patron with a gambling problem and that Crown lured or enticed him into its casino.
The High Court, in a joint judgement, approved the observation by the primary judge that "[i]n the absence of a relevant legislative provision, there is no general duty upon a casino to protect gamblers from themselves." The Court found that Mr Kakavas wasn't at a special disadvantage which made him susceptible to exploitation by Crown and was able to make rational decisions in his own interests, including deciding from time to time to refrain from gambling altogether. Crown did not knowingly victimise Mr Kavakas by allowing him to gamble at its casino.