A bitter feud between three elderly residents that divided a housing commission block over a $5million lotto win has finally been resolved in court.
Alan Way launched legal action against Mark Peter Bowling, 76, and Moya Posa, 89, after the pair collected the massive win.
The Supreme Court heard the group lived at a NSW Social Housing apartment block in Elderslie, south-west Sydney, and formed a lottery syndicate.
Mr Way claimed he was cut out of the gambling ring after the $5million lottery victory in August 2022.
However, Mr Bowling and Ms Posa argued Mr Way had left their group just under a year prior in September, 2021.
Justice James Hmelnitsky on Friday ruled Mr Bowling was not a member of the syndicate at the time of the $5million payday.
Mr Way had submitted evidence in the form of diary entries which detailed his regular $20 contributions to the lottery group to the time of the win.
However, Justice Hmelnitsky said he was ‘persuaded to a relatively high level of certainty that those entries were not made contemporaneously’.
‘That being so, I am unable to accept Mr Way’s evidence that he contributed to the purchase of the winning ticket,’ he said, the Daily Telegraph reported.
Justice Hmelnitsky ruled Mr Way had left the syndicate in 2021 after an argument with Mr Bowling.
The pair’s relationship turned sour after Mr Bowling confronted Mr Way for being too noisy in his apartment with a friend named ‘Young Barry’.
Neither Mr Way or his guests wore face masks inside his apartment, despite Covid restriction being enforced at the time.
Mr Bowling has purchased the winning ticket on August 5 and claimed he and Ms Posa’s win just eight days later.
Mr Way learnt of their win later that month but was kept in the dark on the size of the sum.
In a gesture of goodwill, Mr Bowling transferred Mr Way a ‘gift’ of $200,000.
The remainder of the money was sent around Mr Bowling’s and Ms Posa’s families in a way that would allow them to continue receiving social security payments.
Mr Way learnt the amount the pair had won through another resident of the housing block and confronted them.
Mr Browling and Ms Posa moved from the building ‘abruptly’ after the argument and Mr Way launched his case against them.