Crown Casino not liable for Kakawas gambling losses, court rules
They say the house always wins. This time the house got a little help from the court system.
Melbourne's Crown casino has won a major legal victory after Australia's High Court ruled it did not have to pay back millions of dollars lost to player Harry Kakavas over a year. Legal proceedings continued for years after the losses, with the main question being whether the casino knew it was taking advantage of problem gamblers or whether the losses were caused by someone who was in control of his behavior.
Billion Bet
Kakawas, a businessman from Australia's Gold Coast, is a long-time patron of Melbourne's Crown Casino, having visited the casino since it opened in 1994. He lost nearly $1.4 billion playing baccarat in 2005 and 2006, losing about $19.6 million. Bet on this period.
But Kakavas said these huge bets were the result of casino exploitation. According to him, the casino must have known he was a pathological gambler because he cashed a check for A$47,500 ($45,400) just months after he started playing at Crown. He also claimed that he was tempted by generous incentives, such as use of the casino's private jet, to play more games.
Non-pathological
While the previous judge accepted that Kakavas was a pathological gambler, he did not believe the casino took advantage of that fact. The decision was subsequently upheld by the Victorian Court of Appeal and the same reasoning was given by the Supreme Court in a recent judgment.
"Crown did not knowingly allow the appellant to gamble to his detriment," a summary of the Supreme Court decision said. "[Kakavas] was capable of making rational decisions in his own interests, including from time to time deciding to abstain from gambling altogether."
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Source: www.casino.org
