A registered club does not owe a duty of care to a known problem gambler to prevent gambling losses, even where the club has been expressly told of the gambling problem and asked not to cash cheques. The autonomy of the individual and personal responsibility for voluntary choices outweigh the gambler's vulnerability. Gambling losses are not, save in an extraordinary case, a form of economic loss for which the law permits recovery. The cashing of cheques by a club does not constitute a 'cash advance' within s 9A(5A) of the Registered Clubs Act 1976 (NSW). The question remains open whether a duty might arise in cases involving active inducement, intoxication, or casino-specific regulatory frameworks.
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