Renshaw v New South Wales Lotteries [2020] NSWSC 360

Renshaw v New South Wales Lotteries [2020] NSWSC 360

The plaintiff failed to prove on the balance of probabilities that he purchased the winning ticket or suffered loss due to any conduct of the defendants. Even if misleading and deceptive conduct occurred, any cause of action accrued in September 1997 and was statute barred by 2000. Judgment must be entered for the defendants.

Parties
Plaintiff: David Owen Renshaw; First Defendant: New South Wales Lotteries Corporation Pty Ltd; Second Defendant: State of New South Wales
Jurisdiction
Australia
Judgment Date
08 April 2020
Procedural Posture
Principal Judgment / Final Judgment
Outcome
Judgment for the defendants.
Legal Topics
Public Lotteries, Misleading and Deceptive Conduct, Statute of Limitations, Burden of Proof, Lottery Ticket Claims
Gaming and Wagering Consumer Protection Limitation of Actions Public Lotteries Misleading and Deceptive Conduct Statute of Limitations Burden of Proof Lottery Ticket Claims

Case Brief

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Parties

David Owen Renshaw

Plaintiff

New South Wales Lotteries Corporation Pty Ltd

First Defendant

State of New South Wales

Second Defendant

Procedural Posture

Principal Judgment / Final Judgment

Legal Issues

  1. 1 Did the plaintiff purchase the third winning ticket at Greenfield Park Newsagency on 19 September 1997?
  2. 2 Did the plaintiff present the third winning ticket at Granville Railway Station Outlet on 26 September 1997 and did the first defendant's agent then tell him it was not a winning ticket and discard the ticket?
  3. 3 If there was misleading and deceptive conduct by the first defendant, did any cause of action accrue on 26 September 1997 and is it statute barred?

Ratio Decidendi

The plaintiff failed to prove on the balance of probabilities that he purchased the winning ticket or suffered loss due to any conduct of the defendants. Even if misleading and deceptive conduct occurred, any cause of action accrued in September 1997 and was statute barred by 2000. Judgment must be entered for the defendants.

Court Disposition

Judgment for the defendants.

Orders

  • Judgment for the defendants.
  • The plaintiff is to pay the defendants' costs of all aspects of the proceedings not already covered by previous costs orders.