Clemett, Robert v New South Wales Lotteries Corporation Pty Ltd [2011] NSWSC 121

Supreme Court New South Wales

Medium Neutral Citation: Clemett, Robert v New South Wales Lotteries Corporation Pty Ltd [2011] NSWSC 121 Hearing dates: Wednesday, 15 December 2010 Decision date: 24 February 2011 Before: HOEBEN J Decision: Subject to conditions to be agreed between the parties: Discovery pursuant to UCPR 5.3 of the computerised record of all entries in Oz Lotto Draw No 188 (which lottery was drawn on 23 September 1997) made through the Greenfields Park Newsagency between the hours of 1pm and 3pm on each of 17, 18 and 19 September 1997. Discovery pursuant to UCPR 5.3 of the computerised record of all tickets issued in Oz Lotto Draw No 188 (which lottery was drawn on 23 September 1997) made through the Greenfields Park Newsagency between the hours of 1pm and 3pm on each of 17, 18 and 19 September 1997 with a ticket serial number ending in 13298. Catchwords: PRACTICE AND PROCEDURE - application for preliminary discovery - plaintiff alleges purchase of winning Oz Lotto ticket - whether Rule 5.3 UCPR tests satisfied - effect of inconsistencies in supply of particulars by plaintiff - appropriate form of orders. Legislation Cited: Limitation Act 1969 (NSW). NSW Lotteries Corporation Act 1996 (NSW) Public Lotteries Act 1996 (NSW). State Owned Corporations Act 1989 (NSW) Cases Cited: Hatfield v TCN Channel 9 Pty Ltd [2010] NSWCA 69 Hurley v McDonald's Australia Ltd (1999) FCA 1497 Ian Edward Morton & 5 Ors v Nylex Ltd & 1 Or [2007] NSWSC 562 Murphy v Zamonex Pty Ltd (1993) 31 NSWLR 439 Panasonic Australia Pty Ltd v Ngage Pty Ltd [2006] NSWSC 399 Perpetual Nominees Ltd v Parist Holdings Pty Ltd [2005] NSWSC 1345 Reinhold v NSW Lotteries Corporation [2008] NSWSC 5 St George Bank Ltd v Rabo Australia Ltd [2004] FCA 1360; (2004) 211 ALR 147 Category: Interlocutory applications Parties: Representation: Counsel: Mr D Villa - Plaintiff Mr J Hogan-Doran - Defendant Solicitors: Eakin McCaffery Cox - Defendant File Number(s): 2010/138776