Family business Down to Earth Demolitions sues Reef Hotel Casino in attempt to recover fraudster Wendy Ann Aspinall’s gambling losses

A local business is suing Cairns’ Reef Hotel Casino, claiming the casino ‘wilfully shut its corporate eyes to the obvious fact’ a since-convicted fraudster office manager was gambling money ‘highly likely to have been stolen’.

A LOCAL business is suing Cairns’ Reef Hotel Casino in an attempt to claw back millions its convicted-fraudster former office manager siphoned from business accounts and gambled away over the course of 10 years.

Wendy Ann Aspinall, 59, pleaded guilty and was sentenced to 11 years behind bars for defrauding Down to Earth Demolitions of $3.16m between 2007 and 2017.

Now, the family business, owned and run by Rohan Murphy, has lodged a claim in the Cairns Supreme Court against the Reef Hotel Casino, Westpac Banking Corporation, and the office manager’s sister Rayleen Broadway.

Mr Murphy’s business is seeking an order from the Supreme Court that the Reef Hotel Casino account for all money – no less than $2.7m – paid to it by Aspinall as a result of her gambling activities.

Wendy Ann Aspinall. PICTURE: BRENDAN RADKE

The business is also seeking declarations from the Supreme Court that any money paid to the Reef Hotel Casino as a result of Aspinall’s gambling activities is held on trust by the casino, and that the casino ought to have known she had no entitlement to the money gambled by her.

It is claimed that the casino “wilfully shut its corporate eyes to the obvious fact that Aspinall was gambling with funds which were not hers and which she did not have the financial capacity to fund and thereby were highly likely to have been stolen”.

The claim also alleges that the Reef Hotel Casino’s employees who regularly dealt with Aspinall knew or were generally aware she was employed as an office manager in Cairns.

Between 2010 and July 2017, the claim alleges Aspinall was actively encouraged by the Reef Hotel Casino to gamble, being designated as a high roller and also receiving incentives by way of free accommodation, free trips, cash advances or funds placed onto a gaming card, and gifts.

Down to Earth Demolitions has also claimed for damages for breach of contract and negligence in respect of business banking services offered by Westpac Bank.

Down to Earth demolitions director Rohan Murphy. His company was defrauded of more than $3ms by Wendy Aspinall PICTURE: ANNA ROGERS

Mr Murphy is alleged to have phoned his business banker in or about 2012 and told the banker about concerns he had regarding an employee who was a heavy gambler and the incentives provided by the casino for that individual.

The business claims in the event Westpac made appropriate inquiries as a result of that conversation, it would have ascertained there were an “extraordinary” number of cheques being made payable to cash and that such activity was an indicator of fraudulent conduct and warranted further examination.

Down to Earth Demolitions is also seeking an order that any money Aspinall provided or gifted to her sister Rayleen Broadway – who the claim alleges accompanied Aspinall on hundreds of occasions to the casino – be accounted for.

All parties are yet to file a defence.

The Reef Hotel Casino was contacted for comment.

Originally published as Family business Down to Earth Demolitions sues Reef Hotel Casino in attempt to recover fraudster Wendy Ann Aspinall’s gambling losses