Renshaw v New South Wales Lotteries [2020] NSWSC 360

Supreme Court New South Wales

Medium Neutral Citation: Renshaw v New South Wales Lotteries [2020] NSWSC 360 Hearing dates: 20 and 25 March 2020 Date of orders: 08 April 2020 Decision date: 08 April 2020 Jurisdiction: Common Law Before: Fagan J Decision: 1 Judgment for the defendants.

2 The plaintiff is to pay the defendants' costs of all aspects of the proceedings not already covered by previous costs orders. Catchwords: GAMING AND WAGERING – public lottery – plaintiff claiming to have entered winning numbers but unable to produce ticket – substantial unclaimed prize from 1997

MISLEADING AND DECEPTIVE CONDUCT – where plaintiff claimed to have presented winning ticket –cause of action for misleading and deceptive conduct accrued on ticket being rejected and discarded – statute barred by limitation period in s 82 of Trade Practices Act and s 68 of Fair Trading Act – damage not proven – judgment for defendants Legislation Cited: Civil Procedure Act 2005 (NSW) Fair Trading Act 1987 (NSW) Fair Trading Amendment Act 2003 (NSW) New South Wales Lotteries Corporatisation Act 1996 (NSW) Public Lotteries Act 1996 (NSW) Trade Practices Act 1970 (Cth) Trade Practices Amendment Act (No 1) 2001 (Cth) Cases Cited: Al Rawi v Security Service [2012] 1 AC 531; [2011] UKCE 34 HT v The Queen [2019] HCA 40 Renshaw v New South Wales Lotteries Corporation Pty Ltd [2018] NSWSC 1954 Category: Principal judgment Parties: David Owen Renshaw (plaintiff) New South Wales Lotteries Corporation Pty Ltd (first defendant) State of New South Wales (second defendant) Representation: Counsel: N/A (plaintiff) J Hogan-Doran (defendants)