A family-owned business in Cairns has lodged a claim in the Supreme Court against the Reef Hotel and Westpac, for millions lost by a staff member who embezzled the money.
Former employee of Down to Earth Demolitions, 59-year-old Wendy Ann Aspinall, pleaded guilty to defrauding the company of $3.16 million between 2007 and 2017. She was subsequently sentenced to 11 years in prison.
It is stated that from 2010 to mid-2017 Aspinall was allegedly actively encouraged to gamble by the Reef Hotel Casino, which dubbed her a high roller and provided a range of perks, including accommodation, trips, funds to play, and gifts.
Down to Earth principal Rohan Murphy has now lodged claims alleging Aspinall was known to the venue and employees, who were aware of her employment as an office manager, and that it should have been known she did not have the money being gambled.
The claim suggests the Reef “wilfully shut its corporate eyes” to the fact the woman “did not have the financial capacity” and was gambling with funds that were “obviously” not hers and therefore “highly likely to have been stolen”.
The business is asking the Cairns Supreme Court to force the Reef Hotel Casino to account for at least $2.7 million gambled and lost by Aspinall.
Murphy reputedly alerted his business banker at Westpac around 2012, expressing concerns about one of his employees, who he deemed a heavy gambler.
Alleged failure by Westpac to investigate what he sees as discrepancies in the activity have now prompted a further claim for damages against the Bank, for breach of contract and negligence regarding its business banking services.
Furthermore, Down to Earth is also seeking an order against Aspinell’s sister Rayleen Broadway, who is believed to have accompanied her to the venue on many occasions, requesting she account for any money given to her by her sister during the period.
The respondents will now be required to file a defence to the submissions; further information as it becomes available.
