$40 million Powerball battle: 'He didn't say that to you'

Photo / 123rf

A factory worker who was part of a Powerball jackpot insists the syndicate head Robert Adams told him there were 14 people in the syndicate before the workmates won the life-changing prize.

Davendra Singh was quizzed about his recollection of events leading up to the May 4 Powerball draw where he and co-workers at a Liverpool factory scored the major prize of $40 million.

The win has become the subject of a NSW Supreme Court fight where one employee, Brendan King, is suing the 14 winners for what he claims is his rightful share of the prize.

Robert Adams organised "hundreds, maybe thousands" of lottery syndicates over the past 15 years and brought tickets for co-workers at cable manufacturing company Prysmian, in southwest Sydney, for the May 4 draw.

King, a 43-year-old father-of-five, was a regular contributor and believed he was part of the winning syndicate - he was shocked to discover the day after the draw that he wasn't included, even though all the other regulars had been.

He argues that he believed there was only one lotto syndicate operating and all its 12 members would be automatically entered into draws unless they opted out.

Adams argues he didn't have the chance to ask King about the Powerball draw, and a "one-off" group outside the usual syndicate was formed for the $40 million jackpot.

Instead, King was given cash from a draw the other syndicate had won in which his share was just $13.70.

Singh told the court today he was informed by Adams there were 14 members in the syndicate - something Lachlan Gyles SC, the barrister representing King, suggested wasn't true.

"That's not correct...He didn't say that to you," Gyles said, to which Singh replied: "He did."

Singh told Justice John Sackar he couldn't remember exactly when he paid Adams the $50 to be part of the draw - something other factory winners who appeared in the witness box repeated to the court on Tuesday.

The inclusion of 14 people is an important aspect of the defence case as it would demonstrate a second syndicate was operating alongside the original group of 12 "hard core" members.

Robert Griffiths had worked at the factory for 20 years and had been contributing to Adams syndicates for several of those.

He was grilled by Gyles about when he paid the $50 to Adams for the Powerball ticket. In his affidavit, he stated he couldn't recall which day it had been.

His evidence today though it was "more likely to be paid on the Tuesday".

Gyles asked him why he was "so anxious" to say it was Tuesday. "Is it because its more helpful to your case?"

Griffiths said it wasn't.

The Powerball draw occurred on Wednesday May 4. The court has previously heard it was not common practice for syndicate members to have to pay before the draw and Gyles has alleged that if the draw hadn't won the jackpot his client would have been expected to pay for the losing ticket.

Adams denies that. He told the court he was sorry he didn't include King but he didn't think of him when he was putting the syndicate together.

King's case is essentially he had a right to be considered the 15th member of the $40 million winning syndicate, because as far as he was aware there was only one group entering lottos in the factory and members had to opt out of the syndicate if they didn't want to be included.

Adams said King had not paid the extra $50 to be part of this syndicate.

The $2.7 million being claimed by King has been frozen by the courts pending an outcome of the case.

The hearing continues.