A NSW man is suing a work colleague over claims he has been left out of a $40 million lottery windfall, despite being a member of the winning syndicate.
Brendan King is suing registered ticket holder, Robert Adams, and NSW Lotteries over claims he has been excluded from the syndicate's 14 other winners despite reportedly pre-paying for his share of the winning ticket, which was drawn on May 5.
Supreme Court Justice John Sackar will hear the case in June, but until then the court has ordered that one-15th of the win, $2.7 million, be held in trust.
Mr King is seeking confirmation that he is a syndicate member and entitled to the proceeds, and a declaration that Mr Adams and the other syndicate members would be "unjustly enriched" by retaining his portion of the win.
The balance of the $40 million win will be paid to Mr Adams for distribution among the 14 undisputed syndicate members, who are employees of cable manufacturer Prysmian.
One of the syndicate members is Mr Adams' son, while another of his sons who does not work for the company has also reportedly been included in the win.
"We have concerns that a son of the registered ticket holder, who is not an employee of the company where the work syndicate was run, appears to have been included in the winning syndicate. We are making further investigations into this," News Corp has quoted Shine Lawyers' commercial litigation specialist Luke Wiffen as saying.
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