Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 9 April 2021.
After a $20 million lotto draw is conducted, there are three winning tickets. Two are claimed by ticketholders and they each receive their one third of the prize pool.
The third ticket has never been produced.
In an effort to prompt the missing ticketholder to come forward, the winning numbers are publicised.
40 persons claimed to have once held the winning ticket, but no one was able to provide sufficient evidence that they purchased the ticket.
The unclaimed prize money is transferred to the New South Wales State Consolidated fund.
15 years later, Daniel claims to have presented his winning ticket to a Lotto agency, who he says, discarded it. Daniel commences action in the Supreme Court, claiming negligence, restitution, breach of trust, breach of contract and damages.
The Court dismisses his claims.
Daniel appeals the decision and as a pensioner, with insufficient funds to retain legal representation, seeks a referral for pro bono assistance. He claims that he is also entitled to free legal representation because he is dyslexic and has a poor grasp of the English language.
The Court states that while Daniel’s impecuniosity and limited capacity favours a referral, the absence of apparent merit in his case does not lend the court to make the referral for pro bono assistance. He represents himself.
In determining Daniel’s claims, the Court decides that due to the lengthy delay between the drawing of the winning numbers and Daniel’s commencement of proceedings, his claims are statute barred under the Limitation Act and dismisses Daniel’s appeal on this basis.
Daniel is ordered to pay the legal costs involved in the State defending his appeal, which involved retaining a costly silk.
If YOU would like a particular issue addressed, please email Manny at manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
