A Sydney factory worker who was left out of his workplace’s winning Powerball syndicate has failed in his legal claim to a cut of the $40 million payout.
When the syndicate won the prize in May, Brendan King believed he was part of the group and therefore entitled to approximately $2.7 million.
He had contributed to his workplace syndicate for years, but his colleague and syndicate manager Robert Adams told him that a separate “one-off” syndicate had been formed that day and Mr King had won nothing.
Of the 12 members of the original syndicate at Liverpool cable manufacturing company Prysmian Group, Mr King was the only one not included in the winning syndicate.
He took Mr Adams and the 13 other members of the winning syndicate to the Supreme Court, arguing that he was unfairly shut out.
But Supreme Court Justice John Sackar on Wednesday ruled in favour of Mr Adams and the syndicate members.
“It is my view that Mr Adams was under no fiduciary obligation as alleged by the plaintiff and was therefore not in breach of any such duty,” Justice Sackar found.
“Likewise, I do not regard him as contractually bound as alleged by the plaintiff nor was he in breach of any implied contractual term.”
Justice Sackar said he believed Mr King was not deliberately omitted from 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,” Justice Sackar said in his judgement.
“I accept Mr Adams’ explanation that he did not cross paths with Mr King at work during the relevant period.”
Costs for the lawsuit will be decided at a later date.