Macedonian takes NSW Lotteries to court

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  • machorot
    Junior Member
    • May 2010
    • 78

    Macedonian takes NSW Lotteries to court

    NSW Lotteries takes a bath in $100,000 fight
    Jennie Curtin
    August 19, 2010

    A winner after all ... Bale Kuzmanovski's ticket.

    BALE KUZMANOVSKI'S pulse began to race when he scratched the lottery ticket his wife had bought him as a birthday present. He saw a picture of a swimmer next to the word ''bathe'' - a winning match.

    The size of the cash prize was even more extraordinary. Believing he had won $100,000 Mr Kuzmanovski felt an ''explosion of elation''.

    But NSW Lotteries begged to differ. The swimmer did not match the word ''bathe'', it argued. The correct image was a bathtub. The symbol Mr Kuzmanovski had uncovered was only a winner if it was accompanied by the word ''swim''.

    The matter went to the Federal Court and, this week, Justice Steven Rares agreed with Mr Kuzmanovski. He ordered NSW Lotteries to pay the $100,000.

    The saga began in July 2007 when Elizabeth Kuzmanovski bought her husband two $5 Pictionary scratch lottery tickets from a Parramatta newsagency, a common birthday present during their marriage. After his apparent success, he and his wife turned their thoughts to how they would spend the money: reducing the mortgage, perhaps a family trip to visit his sick grandmother in Macedonia.

    But the next day the newsagent ran the card through the machine, coming up with the ''not a winning ticket'' message. Mr Kuzmanovski said he had been deeply angry, felt cheated and spent a sleepless night.

    The couple argued in court that ''bathe'' meaning ''swim'' was the definition given in at least four dictionaries sold in Australia. Lotteries NSW countered with the Macquarie Dictionary meaning: "Chiefly British: to swim for pleasure''. Justice Rares concluded that ''an ordinary and natural meaning in Australian English usage of 'bathe' is 'swim'''.

    NSW Lotteries will have to pay three years' interest on the prize and the Kuzmanovskis' legal costs.
  • Bratot
    Senior Member
    • Sep 2008
    • 2855

    #2
    I like this information, a Macedonian to won a case in a court, well that's a nice thing to hear of
    The purpose of the media is not to make you to think that the name must be changed, but to get you into debate - what name would suit us! - Bratot

    Comment

    • Prolet
      Senior Member
      • Sep 2009
      • 5241

      #3
      Its made news in Stari Kraj

      МАКЕДОНЕЦ си кога кавал ќе ти ја распара душата,зурла ќе ти го раскине срцето,кога секое влакно од кожата ќе ти се наежи кога ќе видиш шеснаесеткрако сонце,кога до коска ќе те заболи кога ќе слушнеш ПЈРМ,кога немаш ни за леб,а полн си во душата затоа што ја сакаш МАКЕДОНИЈА. МАКЕДОНИЈА во срце те носиме.

      Comment

      • Dejan
        Member
        • Sep 2008
        • 591

        #4
        I know this man. He's been fighting NSW lotteries for a couple of years now. Good on him
        You want Macedonia? Come and take it from my blood!

        A prosperous, independent and free Macedonia for Macedonians will be the ultimate revenge to our enemies.

        Comment

        • George S.
          Senior Member
          • Aug 2009
          • 10116

          #5
          all fairs fair they have to pay up, no misleading rules.
          "Ido not want an uprising of people that would leave me at the first failure, I want revolution with citizens able to bear all the temptations to a prolonged struggle, what, because of the fierce political conditions, will be our guide or cattle to the slaughterhouse"
          GOTSE DELCEV

          Comment

          • Risto the Great
            Senior Member
            • Sep 2008
            • 15660

            #6
            Well, he is swimming in it now!
            Risto the Great
            MACEDONIA:ANHEDONIA
            "Holding my breath for the revolution."

            Hey, I wrote a bestseller. Check it out: www.ren-shen.com

            Comment

            • Frank
              Banned
              • Mar 2010
              • 687

              #7
              Good on him

              Comment

              • George S.
                Senior Member
                • Aug 2009
                • 10116

                #8
                Just one thing they should get the lotteries people to get their house in order & stop this thing from happening again the guy could have had a heart attack.
                "Ido not want an uprising of people that would leave me at the first failure, I want revolution with citizens able to bear all the temptations to a prolonged struggle, what, because of the fierce political conditions, will be our guide or cattle to the slaughterhouse"
                GOTSE DELCEV

                Comment

                • The LION will ROAR
                  Senior Member
                  • Jan 2009
                  • 3231

                  #9
                  There will be an Interview on the winning couple tonight, Channel 7 - Today tonight at 6:30pm..
                  I guess they will be getting another reward for the interview...
                  The Macedonians originates it, the Bulgarians imitate it and the Greeks exploit it!

                  Comment

                  • Dejan
                    Member
                    • Sep 2008
                    • 591

                    #10
                    NSW Lotteries are trying to appeal the ruling. Today Tonight show should be showing it tonight at 6.30pm
                    You want Macedonia? Come and take it from my blood!

                    A prosperous, independent and free Macedonia for Macedonians will be the ultimate revenge to our enemies.

                    Comment

                    • The LION will ROAR
                      Senior Member
                      • Jan 2009
                      • 3231

                      #11
                      Instant karma catches up with lottery couple

                      A SYDNEY couple who successfully fought NSW Lotteries in court over what appeared to be a winning lottery ticket have had the money taken from them in the Federal Court of Appeal.


                      A SYDNEY couple who successfully fought NSW Lotteries in court over what appeared to be a winning lottery ticket have had the money taken from them in the Federal Court of Appeal.
                      Bale Kuzmanovski felt an ''explosion of elation'' when the instant scratchie his wife bought for his birthday revealed a picture of a swimmer next to the word ''bathe'' - which they thought was a match worth $100,000.
                      But NSW Lotteries disagreed. The machine at his local newsagent came up with a negative result. The word ''bathe'', NSW Lotteries argued, did not match the image of a swimmer, but a bathtub.
                      Advertisement: Story continues below
                      Adamant this was not in keeping with the rules written on the ticket, Mr Kuzmanovski and his wife, Elizabeth, took NSW Lotteries to the Federal Court and won - receiving the $100,000 prize plus interest, and a $20,000 damages payout for ''deceptive and misleading conduct''.
                      The couple put most of the winnings into their mortgage, but NSW Lotteries was not done.
                      The agency took the rail worker and his wife to the Federal Court of Appeal, arguing the previous judge had misinterpreted the nature of the contract the Kuzmanovskis entered into when they bought the ticket.
                      It said this contract did not just include the rules of the game printed on the ticket but large sections of the Public Lotteries Act and its subsidiary legislation.
                      Had the Kuzmanovskis delved into the statute books, they would have found the ''final arbiter'' in determining a winning ticket is not the scratchable windows on the ticket, but the small verification code in the bottom corner.
                      Yesterday, as the couple watched, the three members of the Federal Court of Appeal found in NSW Lotteries' favour.
                      The fact that the provision ''may operate to the detriment of the Kuzmanovskis or lead to an unreasonable result is irrelevant'', justices Cowdroy, Siopis and Tracey said in their decision.
                      The justices did not uphold NSW Lotteries' appeal against the awarding of $20,000 in damages for ''deceptive and misleading conduct''.
                      However, the couple face the prospect of having to pay their opponent's legal costs.
                      The Macedonians originates it, the Bulgarians imitate it and the Greeks exploit it!

                      Comment

                      • George S.
                        Senior Member
                        • Aug 2009
                        • 10116

                        #12
                        how unlucky is that?
                        "Ido not want an uprising of people that would leave me at the first failure, I want revolution with citizens able to bear all the temptations to a prolonged struggle, what, because of the fierce political conditions, will be our guide or cattle to the slaughterhouse"
                        GOTSE DELCEV

                        Comment

                        • United MKD
                          Member
                          • Jul 2011
                          • 547

                          #13
                          argh, how annoying.

                          Comment

                          • George S.
                            Senior Member
                            • Aug 2009
                            • 10116

                            #14
                            united yhe worse thing is being led up the garden path that you have won.Something should have clicked in the dispute that the no code should have been checked out on the ticket. I suppose they always have to fall back on the safety code on the ticket.now those poor people may have to pay legal costs.
                            Last edited by George S.; 08-25-2011, 03:13 PM. Reason: ed
                            "Ido not want an uprising of people that would leave me at the first failure, I want revolution with citizens able to bear all the temptations to a prolonged struggle, what, because of the fierce political conditions, will be our guide or cattle to the slaughterhouse"
                            GOTSE DELCEV

                            Comment

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