Factory worker Brendan King loses bid for share in $40 million Powerball jackpot

"Shit happens. I run a lot of lottos."

That's what Liverpool factory worker Brendan King says he was told by his colleague Robert Adams the morning after a workplace syndicate won $40 million in a Powerball draw.

Brendan King outside court in October. Photo: Ben Rushton

Mr King, a father of five, argued he was the only regular contributor to the lotto pool who was not part of the win.

He won just $12 in the same draw in May on a separate ticket.

Mr King sued Mr Adams and the other members of the group - now all millionaires - in the NSW Supreme Court, arguing he was entitled to his share of the winnings. 

He also argued that Mr Adams was in breach of trust for failing to agree to recognise his interest in the syndicate and to pay out his share of the prize money.

On Wednesday, Justice John Sackar found Mr Adams was not in breach of any duty, and was not in breach of any contractual duty.

Mr King was not in court for the decision.

The court heard that Mr King was a faithful contributor to the lotto syndicate operating at Prysmian's Liverpool plant and which entered into the Powerball draw.

Mr Adams argued he initiated a one-off syndicate involving 14 people who made larger contributions to boost the chance of winning the major jackpot.

All of the regular factory syndicate members, aside from Mr King, were included in the second entry. Mr Adams told the court he had not had the opportunity to contact Mr King.

"I'm very sorry I did not have the opportunity to ask Brendan to be part of the winning syndicate," Mr Adams said in court. "I have been told I am the trustee for the $40 million prize and that it is not open to me to give Brendan a share of the prize as it means taking money belonging to others."

Mr King's lawyer Lachlan Gyles, SC, argued that his client had a right to be considered the 15th member of the winning syndicate, as he always thought there was only one group entering lottos in the factory and that, unless members opted out of the syndicate, they were to be included automatically in entries.

Mr Gyles said Mr King's colleagues had tried to put a "ring fence" around the winning syndicate in a bid to avoid losing about $200,000, or 8 per cent, of their prize money.

The court heard that Mr King confronted Mr Adams the morning after the win, saying: "Answer one question please: who of our original group has missed out or is not a recipient in this win?"

Mr Adams allegedly replied: "Only you. I'm not speaking with you. Go and see a f---ing lawyer."

Mr King later approached his winning colleagues and told them: "Don't worry about what you're going to lose. I've always been a part of this syndicate. There was only ever one syndicate."

Mr Adams' account of the conversation with Mr King included no profanities although he conceded, "I spoke more harshly than I should have."

He told the court that for years he had operated several separate lottos that did not involve Mr King or the other workers who formed the regular factory syndicate.

"Brendan is my boss ... I like Brendan and I am sorry this has ended up in court," he said in his affidavit. 

The court heard that Mr King still works for the same company, but is now at a different plant.