A judge has been asked to “right a wrong” and order that a man, who says he was unfairly left out a $40 million Powerball win, be paid the money that could change his life.

Father-of-five Brendan King says he was part of a syndicate of 15 southwest Sydney factory workers who hit the jackpot on May 5 and is owed $2.7 million.

His barrister Lachlan Gyles SC told the Supreme Court Mr King was one of 12 people who purchased a ticket in the Mother’s Day draw.

But syndicate organiser Robert Adams did not ring Mr King to ask if he wanted to chip in extra for an additional $600 worth of tickets, despite calling another worker by phone, the court heard.

The winners say the fruitful tickets were purchased as part of a one-off syndicate.

Mr Gyles said a syndicate member was part of a purchase unless they opted out, and that it would hardly be “unfair or unjust” if King was paid the money.

“Your Honour has an opportunity to right a wrong that has occurred,” he said on Monday.

The court has heard the winning members, who included two more people than usual, say a worker had to pay in advance and have a copy of a ticket to be included.

Mr Gyles told the court that had not previously been a requirement, and that Mr Adams owed Mr King more than $80 anyway.

On the stand, Mr King said he did not know about the extra Powerball purchase until the morning after the jackpot was won.

He won $12 on the draw, the court heard.

Mr Gyles said workers paid to be in syndicates to avoid a situation where other workers were able to put down their “ear muffs and goggles” and leave them behind.

“The workplace Lotto syndicate is a common and enduring part of modern Australian life,” Mr Gyles said.

“They represent a common bond between workers… (as well as) a common dream and hope.”

The hearing continues.