A SYDNEY pensioner is taking legal action against NSW Lotteries after he claimed a newsagent worker threw out a 'winning' ticket that denied him a $3 million windfall.

David Owen Renshaw is suing NSW Lotteries for the unclaimed $3.3 million prize he believes is rightfully his. The incident came after the September 23, 1997 draw.

He claims he saw the words "provisional winner" lit up on a lotto terminal but the newsagent attendant threw his 'winning' ticket in the bin.

David Owen Renshaw is suing NSW Lotteries for a Lotto ticket he bought in 1997 which he claims won $3.3 million. Picture: Dean Lewins
David Owen Renshaw is suing NSW Lotteries for a Lotto ticket he bought in 1997 which he claims won $3.3 million. Picture: Dean Lewins

Mr Renshaw's statement of claim states he gave the Granville Railway Station newsagency worker his ticket and watched him put it through the computer terminal. Moments later the worker told him he wasn't a winner, and discarded the ticket.

"I believe my ticket was destroyed by an employee of the Granville [newsagent]. I asked him what the words meant - I didn't know what the words meant until 2015," Mr Renshaw told the NSW Supreme Court hearing this morning.

The disability pensioner said the employee did not speak English well and he believed he was not able to communicate properly

He said he purchased a "mixed entry coupon" made up of six games of Systems 7 and of Standard Games all hand marked by him and an Auto Quick Pick entry coupon.

Justin Hogan-Doran, who is representing NSW Lotteries, told Justice Michael Walton the case was "doomed to fail" and applied to have it struck out.

The hearing continues.

andrew.koubaridis@news.com.au