A bitter dispute between three elderly residents that divided a housing commission block over a $5 million lottery prize has finally been settled in court.
Alan Way has taken legal action against Mark Peter Bowling, 76, and Moya Posa, 89, after the pair claimed the huge win.
The Supreme Court heard the group lived in a New South Wales social housing block in Elderslie, southwest of Sydney, and formed a lottery syndicate.
Mr. Way claimed he was banned from the gambling world after winning $5 million in the lottery in August 2022.
However, Mr Bowling and Ms Posa argued that Mr Way had left their group just under a year earlier, in September 2021.
Judge James Hmelnitsky ruled Friday that Bowling was not a member of the union at the time of the $5 million payment.
Mr. Way had provided evidence in the form of journal entries detailing his regular $20 contributions to the lottery pool up until the time of his winning.
However, Judge Hmelnitsky said he was “satisfied to a relatively high level of certainty that those notes were not made contemporaneously.”
A two-year dispute over a $5 million lottery prize between elderly residents of a housing commission block has finally been resolved.
“I cannot therefore accept Mr Way’s statement that he contributed to the purchase of the winning ticket,” he said. The Telegraph newspaper reported.
Judge Hmelnitsky ruled that Way had left the union in 2021 after an argument with Bowling.
The couple’s relationship soured after Bowling confronted Way for being too loud at her apartment with a friend named “Young Barry.”
Neither Mr Way nor his guests were wearing masks inside his apartment, despite Covid restrictions in place at the time.
Mr. Bowling bought the winning ticket on August 5 and claimed his and Ms. Posa’s prize just eight days later.
Mr Way learned of his win later that month, but was not told the size of the sum.
In a gesture of goodwill, Mr. Bowling transferred Mr. Way a “gift” of $200,000.
Judge Hmelnitsky ruled that Alan Way had left the syndicate in 2021, a year before the win, after an argument with Mark Peter Bowling (pictured, archive lottery image)
The rest of the money was sent to the families of Mr. Bowling and Ms. Posa so that they could continue receiving social security payments.
Mr Way found out how much the couple had earned through another resident of the block of flats and confronted them.
Mr Browling and Ms Posa moved out of the building “abruptly” after the argument and Mr Way presented his case against them.