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NSW lotto loser loses bid for $2.7 million

AAP logoAAP 13/12/2016 By Margaret Scheikowski

Christmas didn't come early for a Sydney factory worker who has lost his bid for a share of a $40 million Powerball jackpot won by 14 workmates.

Father-of-five Brendan King sued the workplace lottery syndicate organiser Robert Adams, claiming he was entitled to a 15th share amounting to $2.7 million of the May 2016 prize.

But Justice John Sackar on Wednesday found the 43-year-old was not entitled to any winnings as he was not part of a one-off syndicate formed days before the win.

He found there had been two distinct syndicates, with Mr King having been a long-time participant in the first, and the second being the winning syndicate.

"I am satisfied that Mr Adams simply did not turn his mind to Mr King when he decided to form the winning syndicate and purchase a ticket on its behalf," the Supreme Court judge said.

"I accept Mr Adams' explanation that he did not cross paths with Mr King at work during the relevant period.

"No assertion was made to suggest Mr Adams' omission of Mr King was the result of any motive to do so.

"The winning syndicate was an afterthought."

He also found no evidence to suggest that Mr Adams had mixed the funds of the first syndicate with that of the second.

"Mr Adams kept separate each of the funds from his various endeavours.

"He was readily able to account appropriately for all monies he had or was still holding.

"It follows that the proceeds of each pool belong only to those who contributed to that pool."

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