A couple from Prosperous, Co Kildare, arrived at the High Court yesterday claiming to be the holders of a winning Lotto ticket worth £1.65 million. Another Co Kildare couple have claimed they are entitled to the same ticket and have secured an injunction restraining the National Lottery from paying out on foot of the ticket.
Mr Justice Kearns made an order joining Thomas and Mary Cullen, Ballinafagh, Prosperous, as notice parties to legal proceedings taken by George and Patricia Murray, Millbrook, Naas, against An Post National Lottery company and Mr Ray Bates, director of the National Lottery.
He also continued to January 11th an injunction granted to the Murrays last Monday which restrains the National Lottery from paying out £1.65 million to the holders of a Lotto ticket bought at The Gem, Naas, on December 1st .
The judge listed the case again for mention on December 13th with a view to seeing if any progress had been made between the parties.
Mr Alan Mahon SC, for the Murrays, had asked the judge to list the case for mention. He hoped there might be some resolution of the situation.
The ticket at the centre of the dispute was bought at The Gem on December 1st. The Cullens claim to hold that ticket, which contains the winning numbers, while the Murrays claim they had picked those same numbers, based on family birthdays, and handed in a slip with those numbers but, in error, were given a Quick Pick ticket.
The Murrays say no one else in the country, apart from themselves, the holder of the winning Lotto ticket sold at The Gem, and the National Lottery, can say with certainty what are all the numbers on the four lines of the winning ticket. Last Monday, they secured an interim injunction restraining pay-out of the £1.65 million.
When the matter came before Mr Justice Kearns again yesterday, he was told a solicitor acting for the holder of the winning ticket had made contact with the National Lottery but the identity of the solicitor's client was unknown.
Lawyers for the Murrays, the National Lottery and The Gem agreed the case could be adjourned, with the injunction continuing, to the new year.
Later yesterday, Mr Ronan Murphy said he was representing the Cullens whom he described as the "holders of the winning Lotto ticket". He said Mr Cullen had bought the ticket on behalf of himself and his wife on December 1st for £4. Mr Cullen had said, in an affidavit, that he asked for a "£3 Lotto". Mr Cullen had said he was asked if he wanted Lotto plus, he said Yes and he paid £4 and an assistant gave him the ticket.
Mr Cullen said in the affidavit that he had signed the ticket on December 3rd when he checked it and saw it bore the winning numbers. The ticket had been lodged in the Newbridge branch of the Bank of Ireland. In light of this affidavit, it might be that the factual dispute between the parties would be minimal and it would almost entirely be a legal dispute, Mr Murphy said.
Mr Justice Kearns said the Cullens should be thanked for coming before the court as speedily as they had. They had "acted honourably". Mr Mahon asked that they be joined as co-defendants to the proceedings. The judge indicated he was not in favour of that. It seemed to him the Murrays did not have a quarrel with the Cullens but each had a complaint with the National Lottery.
Mr Mahon said there was an issue between the Murrays and the National Lottery, between the Murrays and The Gem and between the Murrays and the Cullens. He said the matter remained unsettled, there was no agreement between the parties although an attempt had been made.
Mr Maurice Gaffney SC, for the National Lottery, said his clients did not want the money. The money had to be paid out, the question was to whom. The concern was that the money be paid to the right person.