Reinhold v New South Wales Lotteries Corporation [2008] NSWSC 5

New South Wales Supreme Court

CITATION : Reinhold v New South Wales Lotteries Corporation [2008] NSWSC 5

HEARING DATE(S) : 10/12/07, 11/12/07, 12/12/07, 13/12/07 Written submissions: 14/12/07, 17/12/07

JUDGMENT DATE : 30 January 2008

JURISDICTION : Equity Division

JUDGMENT OF : Barrett J

DECISION : Plaintiff entitled to damages of $2,000,000 as against first defendant and second and third defendants. Further submission to be made on cross-claims, interest and costs.

CATCHWORDS : GAMING AND WAGERING - lottery authorised by statute - effect of statutory provisions and rules governing Oz Lotto - where ticket cancelled without consent of holder - whether holder nevertheless entitled to prize - EQUITY - equitable remedies - claim for rectification of computer records of Lotteries Corporation - whether context of pre-ordained rules giving supremacy to computer records admits of rectification - CONTRACTS - claim by ticket holder for breach of contract by Lotteries Corporation and ticket selling agent - where ticket cancelled without holder's consent - TORTS - negligence - whether duty of care owed by Lotteries Corporation and ticket selling agent to ticket holder in relation to processing of order and cancelling of ticket - whether duty of care breached - CONTRACTS - exemption clauses - approaches to construction - whether applicable to claims in contract and tort - DAMAGES - for breach of contract and negligence in cancelling ticket attracting large prize

Civil Liability Act 2002, Division 2 Part 1A, ss 5D(1), 5F, 34(1A), 34(2), 35, 36 Contracts Review Act 1980 Corporations Act 2001 (Cth), s 140(1) Fair Trading Act 1987, s 42 Law Reform (Miscellaneous Provisions) Act 1946, s 5 LEGISLATION CITED : Lotteries and Art Unions Act 1901 New South Wales Lotteries Corporatisation Act 1996 Public Lotteries Act 1996, ss 6(1), 22(1), 22(2), 23, 25 Public Lotteries Act 2000 (Vic), s 7/5) State Owned Corporations Act 1989 Unlawful Gambling Act 1998