The High Court has today handed down its decision in Kakavas v Crown Melbourne Limited.
The Court considered the application of the equitable doctrine of unconscionable conduct.
This case arose after Kakavas suffered gambling losses of almost $1.5 billion at Crown over a period of approximately 14 months. Kakavas alleged he suffered from a special disability, in the form of a gambling addiction, and that Crown unconscientiously took advantage of that disability. The trial judge rejected Kakavas’ claim, finding there was no relevant special disability. The Court of Appeal unanimously rejected an appeal by Kakavas. Kakavas sought, and was granted, special leave to appeal to the High Court in December 2012.
Today the High Court – in a unanimous judgment – dismissed Kakavas’ appeal.