Macedonian takes NSW Lotteries to court

[machorot]

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]

I like this information, a Macedonian to won a case in a court, well that's a nice thing to hear of

[Prolet]

Its made news in Stari Kraj

http://sitel.com.mk/video/makedonija/avstraliskata-lotarija-mu-isplati-na-makedonec-100000-dolari

[Dejan]

I know this man. He's been fighting NSW lotteries for a couple of years now. Good on him

[George S.]

all fairs fair they have to pay up, no misleading rules.

[Risto the Great]

Well, he is swimming in it now!

[Frank]

Good on him

[George S.]

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.

[The LION will ROAR]

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...

[Dejan]

NSW Lotteries are trying to appeal the ruling. Today Tonight show should be showing it tonight at 6.30pm

[The LION will ROAR]

Instant karma catches up with lottery couple

http://www.smh.com.au/nsw/instant-karma-catches-up-with-lottery-couple-20110824-1jaby.html

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.
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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.

[George S.]

how unlucky is that?

[United MKD]

argh, how annoying.

[George S.]

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.