Clemett v NSW Lotteries Corporation Pty Ltd

Clemett v NSW Lotteries Corporation Pty Ltd involved a plaintiff who sought a substantial unclaimed prize from a public lottery, asserting they had entered the winning numbers but were unable to produce the ticket. The defendant, NSW Lotteries Corporation Pty Ltd, refused to pay the prize, claiming the plaintiff could not prove ownership of the winning ticket. This case was heard by the Supreme Court of New South Wales.

The primary legal issue for the court was whether the plaintiff, despite being unable to produce the winning ticket, was entitled to the unclaimed prize based on their assertion that they had entered the winning numbers. The court had to determine the conditions under which a claimant could successfully assert ownership of a prize without producing the ticket. This included examining the requirements for claiming a prize and the onus of proof in such cases.

The court held that the plaintiff's assertion that they had entered the winning numbers was insufficient to establish ownership of the prize without producing the ticket. The court emphasised that the burden of proof lies with the claimant to provide evidence of ticket ownership. The plaintiff's inability to produce the ticket or any other form of proof rendered their claim untenable. Consequently, the court ruled in favour of the defendant, dismissing the plaintiff's claim for the prize.