Can A Compulsive Gambler Say He Was Victimised By The Casino, Making Enforcement Of His Debt Unconscionable?
Over the course of 14 months, Harry Kakavas lost AUS$20.5 million at the baccarat table of a casino operated by Crown Melbourne Ltd. Kakavas contended that he was a known problem gambler and that Crown had incited him to play deeply through various incentives such as rebates on losses and offers to fly on the casino's private jet. Because Crown had exploited his pathological urge to gamble, Kakavas contended, it would be unconscionable to enforce its claim for the $20.5 million that he owed. A further 'special disadvantage' which the casino was alleged to have exploited was the fact that Kakavas was subject to an Australian interstate exclusion order (IEO)...
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