Preston v Star City Pty Ltd [1999] NSWSC 1273

Preston v Star City Pty Ltd [1999] NSWSC 1273

The statutory causes of action under the Casino Control Act and Regulations are untenable and must be struck out as the legislative scheme does not confer a private right of action for damages; however, the claims in negligence, unconscionable conduct, undue influence, and unjust enrichment based on the defendant's alleged active inducement and exploitation of the plaintiff's vulnerability are arguable and may proceed, subject to amendment.

Jurisdiction
Australia
Judgment Date
22 December 1999
Procedural Posture
Appeal From Strike Out Application / Appeal and Motion to Strike Out Amended Statement of Claim
Outcome
Appeal dismissed; defendant's motion dismissed except for statutory counts.
Legal Topics
['negligence' 'duty of Care' 'unconscionable Conduct' 'undue Influence' 'unjust Enrichment' 'strike Out Applications']
['tort Law' 'equity' 'statutory Interpretation'] ['negligence' 'duty of Care' 'unconscionable Conduct' 'undue Influence' 'unjust Enrichment' 'strike Out Applications']

Case Brief

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Procedural Posture

Appeal From Strike Out Application / Appeal and Motion to Strike Out Amended Statement of Claim

Legal Issues

  1. 1 ['Whether provisions of Casino Control Act and Regulations confer a private right of action for damages' 'Whether a common law duty of care is owed by a casino to a problem gambler' 'Whether the facts establish undue influence or unconscionable conduct by the casino' "Whether the defendant was unjustly enriched by exploiting the plaintiff's vulnerability"]

Ratio Decidendi

The statutory causes of action under the Casino Control Act and Regulations are untenable and must be struck out as the legislative scheme does not confer a private right of action for damages; however, the claims in negligence, unconscionable conduct, undue influence, and unjust enrichment based on the defendant's alleged active inducement and exploitation of the plaintiff's vulnerability are arguable and may proceed, subject to amendment.

Court Disposition

Appeal dismissed; defendant's motion dismissed except for statutory counts.

Orders

  • ['So much of the statement of claim as depends on statutory counts to be struck out.' 'Plaintiff granted leave to file amended statement of claim.' 'Costs of motion and appeal to abide outcome of proceedings (to be paid by ultimately successful party).']