A father-of-five who missed out on a $40 million win by his workplace Powerball syndicate has gone to the Supreme Court to try and get a $2.7m portion.
A judge has been asked to ‘right a wrong’ and order that Sydney man Brendan King, who says he was unfairly left out of the win, be paid the money that could change his life.
Mr King says he was part of a syndicate of 15 southwest Sydney factory workers who hit the jackpot on May 5 and is owed $2.7 million.
Scroll down for video
Brendan King was a member of a Powerball syndicate at his southwest Sydney workplace, Prysmian factory
A message posted after $40 million was won in a Powerball draw in May 2016
His barrister Lachlan Gyles SC told the Supreme Court Mr King was one of 12 people who purchased a ticket in the Mother’s Day draw.
But syndicate organiser Robert Adams did not ring Mr King to ask if he wanted to chip in extra for an additional $600 worth of tickets, despite calling another worker by phone, the court heard.
The winners say the fruitful tickets were purchased as part of a one-off syndicate.
Mr Gyles said a syndicate member was part of a purchase unless they opted out, and that it would hardly be ‘unfair or unjust’ if King was paid the money.
Syndicate organiser Robert Adams
‘Your Honour has an opportunity to right a wrong that has occurred,’ he said on Monday.
The court has heard the winning members, who included two more people than usual, say a worker had to pay in advance and have a copy of a ticket to be included.
Mr Gyles told the court that had not previously been a requirement, and that Mr Adams owed Mr King more than $80 anyway.
On the stand, Mr King said he did not know about the extra Powerball purchase until the morning after the jackpot was won.
He won $12 on the draw, the court heard.
Mr Gyles said workers paid to be in syndicates to avoid a situation where other workers were able to put down their ‘ear muffs and goggles’ and leave them behind.
‘The workplace Lotto syndicate is a common and enduring part of modern Australian life,’ Mr Gyles said.
‘They represent a common bond between workers… (as well as) a common dream and hope.’
The hearing continues.
Mr King wants what he says is his share of the $40 million Powerball win