The Star Sydney ordered to pay disabled gambler $320k
A district court in Sydney has ordered The Star to pay a disabled gambler $320,000 after the casino refused to pay the $285,000 jackpot the man won on the pokies. According to the court, the failure to pay out was based on an unjustified assumption that the venue could retain the money because it was won with help from a banned gambler.
Mr. David Joe, a gambler suffering from motor neuron disease (MND) who owns a Platinum Vantage VIP membership card, won the jackpot with the help of a friend, Lois Lie, while playing the Year of The Tiger poker machine at The Star sometime in October 2019.
READ: Banned gambler’s lawsuit against The Star Sydney thrown out
Before playing, he asked the management if he could have someone help him, to which they agreed. However, at the point of claiming the prize, the casino management refused to payout, claiming Lie was banned and so not entitled to any winnings.
According to Judge Montgomery, “In the context of their playing machines for several hours, (Mr. Joe’s) truly significant disability plainly deprived him of the ability to operate the machines himself for enjoyment.”
However, since it was Joe who told Lie what buttons to press and Joe’s money that was used, the rules concerning banned gamblers do not apply to Joe.
“The whole of the economic stake wagered during the operation of gaming machines by Mr. Lie, whilst (Mr. Joe’s) card was inserted and he watched and gave Mr. Lie directions, was (Mr. Joe’s) money,” wrote the judge.
Additionally, Joe claimed that he had no idea that his friend was banned from the casino, since he’d been visiting there for the past six months. Lie corroborated this by telling the court he assumed his ban had been revoked as he had no restrictions from entering the casino that day.
The court has ordered The Star to pay out all winnings owed with interest and all legal fees incurred by Mr. Joe.
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