Kakavas v. Crown Melbourne Limited and Ors

Lower Court Judgment

21/05/2012 Supreme Court of Victoria (Court of Appeal) (Mandie and Bongiorno JJA and Almond AJA)

[2012] VSCA 95

Catchwords

Equity – Unconscionable dealing – Appellant gambled at respondent's casino over extended period of time – Appellant alleged to suffer from psychiatric condition known as "pathological gambling" – Appellant also subject to "interstate exclusion order" for purposes of Casino Control Act 1991 (Vic) at all relevant times – Whether series of gambling transactions between appellant and respondent affected by unconscionable dealing – Whether respondent liable for unconscionable dealing in circumstances where its officers did not bring to mind matters known to them which placed the appellant at a special disadvantage – What constitutes constructive notice of a special disadvantage in a claim of unconscionable dealing against a corporate person – Whether 'equality of bargaining position' test for determining whether person under 'special disadvantage'.

Trade practices – Unconscionable conduct – Gambling transactions – Section 51AA for the Trade Practices Act 1974 (Cth) – Whether gambling transactions involved a contravention of s 51AA of the Trade Practices Act.

Short Particulars