Crown casino took advantage of gambling addict

Crown casino took advantage of millionaire Harry Kakavas, court told
Norrie Ross
From: Herald Sun

CROWN Casino took advantage of millionaire property developer Harry Kakavas by allowing him to play the baccarat tables when it knew he had a pathological gambling addiction, three appeal judges heard today.

Allan Myers QC, for Mr Kakavas, said his client was not truly responsible for his own actions when he lost millions at Crown and the casino should have refused to deal with him.

Mr Myers told the Court of Appeal that a person betting $300,000 every few seconds at the baccarat table was an indication they did not have the ability to look after their own interests.

Mr Kakavas had excluded himself from every casino in Australia, including Crown, and it was not disputed he had a "special disability'' that meant he could not deal on equal terms with Crown.

"He had a 12-year history with Crown and an evident gambling problem,'' Mr Myers said.

Mr Myers said the law stated that parties to any transaction had to have the ability to "conserve their interests'' and casinos were not exempt from the protection offered to people with disabilities.

"A person seeking to conserve their interests would not enter a casino,'' commented Justice Philip Mandie.

The Gold Coast property developer turned over $1.5 billion on Crown's baccarat tables between June 2005 and August 2006, betting up to $300,000 a hand.

Mr Kakavas is appealing against a decision of Supreme Court judge Justice David Harper, who threw out Mr Kakavas's $35 million claim against Crown, saying his gambling addiction did not disadvantage him in his dealings with the casino.

Justice Harper said he accepted Mr Kakavas had a medically diagnosed gambling addiction, but concluded that he had been in full control of his actions and at all times had the power to self-exclude.

In the same judgment, Justice Harper questioned Crown casino's self-proclaimed status as the world's leader in responsible gambling.

Mr Myers said the Gambling Regulation Act said that people who self-excluded themselves or were excluded for other reasons should not be allowed to enter a casino or remain in a casino.

Justice Mandie asked if it was relevant whether a person was wealthy and could afford to lose large sums of money.

Mr Myers said that legally a casino could not accept a $1000 bet from the richest man in the world if he had excluded himself.

"Whether Mr Kakavas could afford to lose is neither here not there,'' he said.

The hearing is continuing.