Pensioner gets day in court over $3.3m Lotto prize after 'ticket was thrown out'

A Sydney disability pensioner's long-running lawsuit over an unclaimed $3.3 million 1997 Lotto prize has been set down for a hearing by a judge who says "this has got to be finished".

David Owen Renshaw launched his lawsuit in 2016 against NSW Lotteries over the unclaimed prize.

He says he bought a ticket from Greenfield Park and presented it at Granville Railway Station newsagency following the September 23 draw in 1997.

David Renshaw is seen leaving the Supreme Court in Sydney on Friday. He is suing NSW Lotteries over an unclaimed $3.3 million 1997 Lotto prize. Source: AAP Image/Peter Rae
David Renshaw is seen leaving the Supreme Court in Sydney on Friday. He is suing NSW Lotteries over an unclaimed $3.3 million 1997 Lotto prize. Source: AAP Image/Peter Rae

Mr Renshaw insists when he handed in his ticket to the newsagency he saw the words "provisional winner" come up.

But the shop attendant - who didn't speak English very well - threw the ticket in the bin saying "no winner" and refused to return it, he says.

The unclaimed $3.3 million is one-third of the first division prize in Oz Lotto Draw 188.

The case has come before the NSW Supreme Court a number of times.

At the most recent hearing in September, the parties agreed a judicial officer would inspect "highly confidential data" about the winning ticket.

If the data didn't match up with ticket purchase details outlined by Mr Renshaw, the case would be dismissed by Associate Justice Joanne Harrison.

However, the lottery organisation's barrister, Justin Hogan-Doran, told Justice Des Fagan on Friday the inspection did not take place as Mr Renshaw and his pro-bono barrister "parted ways" later that day.

Pictured is a stock image of a Oz Lotto ticket. Source: The Lott
The unclaimed $3.3 million is one-third of the first division prize in Oz Lotto Draw 188. Source: The Lott

The judge noted the case concerned a lottery ticket bought 22 years ago and a lawsuit started almost four years ago, saying "this has to be finished".

"This is enough," he said.

"This just has to come to a final hearing and be done with."

While more than 50 people have come forward at different times claiming to be the winner, only two took legal action, and the other pensioner's case was dismissed in 2014.

Justice Fagan noted Mr Hogan-Doran's submission that the judge can be confidentially provided with the winning ticket information to determine if it matched details given by Mr Renshaw about his purchase.

"I am quite happy with that," Mr Renshaw replied.

The judge set the case down for hearing before him on December 17.

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