STATE LOTTERIES OFFICE v BURGIN [1993] NSWCA 254

STATE LOTTERIES OFFICE v BURGIN

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P, MEAGHER and SHELLER JJA 23 April 1993, 19 May 1993

[1993] NSWCA 254

CONTRACT — terms and conditions — uncertainty or ambiguity of — lottery ticket carrying terms on its face — requirement to "MATCH 3 NUMBERS" to win prize — whether means matching one identical number three times — whether includes "matching" three different numbers twice

SUBORDINATE LEGISLATION — regulations — lottery — security and verification checks — incorporation into contract by way of lottery ticket — purpose of regulations — whether to disentitle a valid ticket not otherwise fraudulent or false — whether regulations deprive a ticket-holder otherwise entitled by contract to his winnings

PRACTICE and PROCEDURE — adjournment — refusal of — barrister for party assumes matter not in contest — applies for adjournment to call evidence — adjournment refused — whether refusal occasions unfairness — whether matter to be proved was irrelevant to issues before Court

Held:

(1) (by the Court): The lottery ticket constituted a contract which was to be construed according to its natural meaning and so as to achieve a harmonious interpretation of the contract as a whole.

Australian Broadcasting Commission v Australasian Performing Right Association Ltd (1973) 129 CLR 99 applied;

(2) (per Kirby P and Sheller JA; Meagher JA dissenting): So construed, the conditions of the ticket were equally fulfilled upon either the "matching" of one number three times or the pairing of three numbers so that the ticket-holder was entitled to his prize;

(3) Appeal (from Nash DCJ) (by maj) dismissed.

Held: (Kirby P and Sheller JA; Meagher JA expressing no opinion):

(1) The regulations properly construed related to security and did not invalidate an otherwise valid winning ticket;