Werner Reinhold won $2 million dollars in the lottery and then lost it and now the 73-year-old has again been awarded the money 2 ½ years later. No, he didn’t win again, but he did win a court case with the NSW Lotteries.

Two years ago Mr. Reinhold bought the winning ticket at a Macarthur Square news agency but the first ticket did not print properly. Mr. Reinhold was given a second ticket as one of the staff at the news agency called the lottery to cancel the first one. Somewhere within that communication though, it was the second ticket that got canceled.

Finally Supreme Court justice Reginald Barrett ruled that by canceling the wrong ticket the NSW Lotteries as well as the Macarthur Square news agency had “breached their duty of care and their contract with Mr. Reinhold.”

Adam Stoker, Reinhold’s attorney, said that it was about time the retired grandfather got is winnings.

"I think it is pretty disgraceful he did not get the prize in the first place," Mr Stoker said.
"It has been a well-deserved victory. Considering he is a pensioner, it was pretty gutsy to take on NSW Lotteries, which has the might of the State Government behind it. I have spoken to him and he is very happy."

NSW Lotteries had said that it did not need to pay Mr. Reinhold because there computer records showed that he did not have the winning ticket and that the jackpot was paid out the following week.

Justice Barrett ruled: "Mr Reinhold's loss is to be measured not by reference to a single hypothetical entry in Oz Lotto Draw 605 but by reference to the particular entry that was wrongfully taken away from him.

"Had he not been deprived of the entry … he would have received a prize of $2 million … The damages for both breach of contract and negligence are therefore the sum of $2 million."


- 2008-01-30