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Issues of gambling, the responsibilities of gaming venues and the regulation of problem gambling have been prominent in recent political debate. James Ryan is a second year JD student at Melbourne Law School, and holds a BA in politics and history from Deakin University. In the same way it can be stated that such a decision would also reduce the scope of judge-made laws in ways that cannot be determined by such a case. month. The Problem Gambler Inadvertence, or indifference, falls short of the victimisation or exploitation with which the principle is concerned. The principles extracted from this case are not novel however the court has clarified and focused the principles. There was no predatory behaviour on behalf of Crown. This meant that the court was bound to consider the precedential value of such a case but was not bound to follow the previous position of law in the matter. Harry Kakavas had a chequered past and a serious gambling problem. Kakavas claimed that the Crown hadexploited his gambling problem so that he became a regular visitor and alsoby unconscientiously allowing and encouraging Kakavas to gamble at Crown while the knew or ought to have known that Kakavas would be required to forfeit winnings by virtue of a NSW exclusion order. Refer particularly to the role of decisions of the High Court in the development of the law in Australia. Lastly, the Appellant argued against the finding that the Respondent had not in any way taken advantage of the Appellants special condition and vulnerability by inducing him to gamble and that the Respondent had acted in its ordinary legitimate course of business. First, the Appellant argued that although previous Courts acknowledged that he was suffering from a pathological gambling condition, they proceeded to make a finding that he did not have a special disability that would lead to unconscionable conduct on the Respondents part. Kakavas had been previously excluded from the Crown in the 90s and it had taken him a lot of effort to be allowed back to gamble in the venue. purposes only. The Court explained at [161]: Equitable intervention to deprive a party of the benefit of its bargain on the basis that it was procured by unfair exploitation of the weakness of the other party requires proof of a predatory state of mind. While that does not mean the principle cannot apply, the Court said, it highlights the practical difficulty of prosecuting such a claim. It thus may be inferred here that the doctrine of precedent as it applies within the jurisdiction of the Australian Commonwealth is in the hands of courts deciding matters even if the precedent discusses powers of the court being conferred on them (Hutchinson 2015). The Court of Appeal, while affirming the trial Courts findings, dismissed the Appeal and held that the Appellant was not suffering any special disability as to lead to unconsented advantage by the Respondent. In the course of deciding the Appeal, the Court laid down a number of rules. It also refers to the transactions that take place between, a dominant party with a party which is weaker. 2 (1853) 4HLC 997 [10 ER 752] at 275, cited at [155].3 Bigwood, Rick, Kakavas v Crown Melbourne Ltd Still Curbing Unconscionability: Kakavas in the High Court ofAustralia, Melbourne University Law Review, (2013)37,346:446-510.4 Paterson, Jeannie and Ryan, James, Casino not liable for bets made by problem gambler: Kakavas v Crown Melbourne Ltd,Melbourne Law School Opinions on High Court Blog (2013), 5 Ibid.