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Kakavas v Crown Melbourne Limited

[2013] HCA 25
Case number
M117/2012
Before
French CJ, Hayne, Crennan, Kiefel, Bell, Gageler, Keane JJ
Catchwords

Equity – Unconscionable conduct – Where appellant gambled at first respondent's casino and lost $20.5 million – Where appellant diagnosed as suffering from condition known as "pathological gambling" – Where appellant subject to "interstate exclusion order" under Casino Control Act 1991 (Vic) – Whether gambling transactions affected by unconscionable dealing – Whether appellant suffered from special disadvantage making him susceptible to exploitation – Whether first respondent had sufficient knowledge of any special disadvantage.

Words and phrases – "actual knowledge", "constructive notice", "interstate exclusion order", "special disadvantage", "unconscionable conduct".

Casino Control Act 1991 (Vic) – ss 76, 77(2), 78B.

Trade Practices Act 1974 (Cth) – s 51AA.

Files
25.rtf (529.3 KB)
25.pdf (278.69 KB)