Partner Jamie Nettleton discussed with the AFR Crown’s entitlement to receive compensation under its Victorian casino licence.
An extract of the article is below.
Suitability is ‘horribly unclear’
Leading gaming lawyer and Addisons partner Jamie Nettleton agreed with Mr Robinson that any change to Crown’s licence – whether that be a cancellation, a suspension or a requirement to implement certain changes – made because it was no longer suitable to hold it in its present form, would probably shield the government from compensation claims.
“There’s an exception that’s pretty similar in NSW in respect of exceptions regarding disciplinary action being validly taken,” Mr Nettleton said, referring to a provision in NSW’s licensing agreement with Crown.
“If the licence is terminated on the basis that they are not suitable then that shouldn’t trigger the compensation clause.”
He said that what determined suitability was “horribly unclear”.
“Everyone tries to say it’s objective, but like all these things, it’s really subjective whether someone is appropriate … But it’s saying, ‘This is a social licence and are you fit to hold that responsibility and to maintain it.’”
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