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King was not in draw for $40m court hears

AAP logoAAP 17/10/2016 Andrew Leeson

A Sydney factory worker who is suing the organiser of a workplace lottery syndicate over a $40 million Powerball jackpot didn't ask to go into the draw, a court has heard.

Brendan King claims he is entitled to a share of the prize won in May but the syndicate organiser says he was not a part of the winning group.

The organiser, Robert Adams, said he had not asked Mr King to go into the draw and Mr King had never asked him.

"I did not ask Brendan because he just wasn't on my mind," Mr Adams said.

Referring to an exercise book, in which he recorded the syndicate details for each draw, he said Mr King was not on the list of those who would later win and he hadn't organised the Lottos "religiously".

"I know it looks like a dog's breakfast and I know I am not an accountant," he said.

But Mr Adams said he wrote the list before the draw and denied changing the list to help his case.

Mr King's lawyer, Lachlan Gyles, questioned Mr Adam's recollection of those who had entered draw.

"You are just making this up as you go along," Mr Gyles said, a point Mr Adams denied.

Mr King also also claims that when he asked Mr Adams about who missed out on the draw, he replied: "Only you. I'm not speaking with you. Go and see a f...... lawyer."

Mr Adams denied ever saying this to Mr King or using bad language.

The case continues in the Supreme Court on Wednesday.

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