Clemett v NSW Lotteries Corporation Pty Ltd [2014] NSWSC 373

Supreme Court New South Wales

Medium Neutral Citation: Clemett v NSW Lotteries Corporation Pty Ltd [2014] NSWSC 373 Hearing dates: 14, 18 June 2013 Decision date: 02 April 2014 Before: McCallum J Decision: Proceedings dismissed Catchwords: GAMING AND WAGERING - public lottery - substantial unclaimed prize - plaintiff claiming to have entered winning numbers but unable to produce ticket - whether entitled to prize Legislation Cited: Public Lotteries Act 1996 Cases Cited: Brown v Petranker (1991) 22 NSWLR 717 Clemett v NSW Lotteries Corporation Pty Ltd [2013] NSWSC 506 Reinhold v New South Wales Lotteries Corporation [2008] NSWSC 5 Category: Principal judgment Parties: Robert Clemett (plaintiff) NSW Lotteries Corporation Pty Ltd (defendant) Representation: Counsel: Plaintiff self-represented J Hogan-Doran (defendant) Solicitors: Russells (NSW) Pty Ltd (defendant) File Number(s): 2010/138776 Publication restriction: None

Judgment 1HER HONOUR: Mr Robert Clemett claims to have won the lottery. He seeks payment of the sum of $3,348,326.14 from NSW Lotteries Corporation (statement of claim filed 23 July 2012). 2The claim relates to Oz Lotto Draw 188 drawn on 23 September 1997. Oz Lotto is a public lottery in which six winning numbers are selected by lot from numbers 1 to 45. Players who enter the six winning numbers in the draw are entitled to share the first division prize for that draw. The first division prize for Oz Lotto Draw 188 was $10 million. The six winning numbers were of course made public at the time of the draw. NSW Lotteries identified three winning entries. Each was accordingly entitled to a first division prize of one third of $10 million. Two of the winning ticket-holders came forward and have received their share of the prize. The third ticket has never been presented. The prize for that ticket has not been paid and remains the single largest unclaimed prize in New South Wales. 3On 24 July 2001, Channel 9 broadcast a segment on A Current Affair featuring unclaimed lottery prizes, including Oz Lotto Draw 188. The broadcast disclosed the fact that the missing winning ticket was purchased at Greenfield Newsagency. Following that broadcast, Mr Clemett wrote to NSW Lotteries claiming for the first time to have bought the winning ticket. He is one of approximately 50 people to have contacted NSW Lotteries for the purpose of making a claim or inquiry in respect of the unclaimed prize. He is the only claimant to have persisted to the point of commencing proceedings. The sum of $3,348,326.14 claimed by Mr Clemett is a published figure for unpaid prize money referable to Oz Lotto Draw 188. It was explained at the hearing as being the sum of a one third share of the first division prize together with six third division prizes in the sum of $2498.80. 4Mr Clemett does not have the winning ticket. He says that the ticket he bought is lost. Unsurprisingly, he says it was bought from Greenfield Newsagency and that it included a game with the six winning numbers. He has also provided details of the time and date of his purchase, the number of games he played, the type of ticket, the price and the exact composition of the numbers entered. He specifically recalls entering the six winning numbers (and only those numbers) in panel 4 of a 12-panel game. Mr Clemett also claims to remember the numbers he entered in the other 11 panels. A friend of his, Mr Wallace Shelley, gave evidence corroborating some of those details but that evidence did not confirm Mr Clemett's selection of all six of the winning numbers. 5I have reached the conclusion that Mr Clemett's claim must be dismissed, for the following reasons.