24 August 2011
$100,000.00 lotto Win / Loss / Win / Loss - Heart Breaking
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.
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.
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.
1. (intr) to swim or paddle in a body of open water or a river, esp for pleasure
2. (Medicine) (tr) to apply liquid to (skin, a wound, etc.) in order to cleanse or soothe
3. to immerse or be immersed in a liquid to bathe machine parts in oil
4. Chiefly US and Canadian to wash in a bath
5. (tr; often passive) to suffuse her face was bathed with radiance
6. (tr) (of water, the sea, etc.) to lap; wash waves bathed the shore