“In the context of their playing machines for several hours, [Joe’s] truly significant disability plainly deprived him of the ability to operate the machines himself for enjoyment,” wrote judge Robert Montgomery.
In ordering Star to pay the $285,000 jackpot plus almost $35,000 in interest, the judge found the money was won by Joe, not Lie, and could not be withheld.
Montgomery found Joe was the one taking all the economic risk by telling Lie which buttons to press and providing all the money being wagered.
“The whole of the economic stake wagered during the operation of gaming machines by Mr Lie, whilst [Joe’s] card was inserted and he watched and gave Mr Lie directions, was [Joe’s] money,” the judge said.
Joe was also unaware his friend was banned because Lie had had unfettered access for six months by that time anyway.