The man allegedly kicked out of a winning Powerball syndicate has taken the matter to court.

The fallout from the winning Powerball draw on May 5 went to the NSW Supreme Court before Justice John Sackar today, but has been adjourned until June 24. One 15th from the winning ticket has been frozen until the case is resolved.

Earlier it was claimed in court, the man claiming a share of a winning $40 million Powerball draw had not been part of the syndicate of workmates since January.

Questions were raised over whether Brendon King was still part of the winning syndicate when the group won.

Shine Lawyers’ Luke Whiffen, representing Mr King, said outside court that his client’s share of the winnings, $2.6 million, had been set aside until the final hearing of the matter.

Mr Whiffen said outside court that Mr King was “very stressed” and would not be returning to work in the “short-term”.

“He is very stressed, his family is very stressed,” he said. “It’s a big thing for anyone to go through. The uncertainty is playing quite strongly on him and his family.”

The syndicate of workers from Prysmian Group, based in Liverpool in Sydney’s west, won the jackpot in the Mother’s Day draw.

Shine Lawyers — representing Mr King, who is production manager at the factory — asked the court for an injunction on the millions Mr King would have received if he was not cut from the alleged syndicate of 15 people.

Mr King claims he has been part of a syndicate for the past four years, the court heard. In January that syndicate ended and a new one started that focused only on bigger draws.

Shine Lawyers’ Lachlan Gyles told the court his client was still part of the new syndicate at the time of the May 5 draw.

Mr King allegedly paid the registered ticket holder Robert Adams $50 to be part of the syndicate. He also had a conversation with Mr Adams before the Powerball draw to confirm he was in.

“Syndicate members were asked to pay $50 to (Mr Adams) so he could purchase tickets as he saw appropriate in various lotto draws,” Mr Gyles told the court.

“Shortly before the draw Mr King had a conversation in which the ticket holder confirmed he would be participating in the draw and on May 5 the Powerball draw took place.

“On Friday that $40 million is going to be paid out. What the plaintiff (Mr King) claims is he is entitled to a 15th share of those winnings.”

But a legal representative Mr Adams told the court Mr King had no longer been part of the syndicate from January.

Michael Lee, representing Mr Adams, said Mr King became part of a new syndicate from January. That group also entered the Powerball draw but did not win, he told the court.

Mr Lee told news.com.au outside court that his client would not be talking publicly.

Justice Sackar said in court: “It doesn’t seem to be that the factual materials are going to be detailed. He was either right or wrong, he was in or out.”

Robert Adams is the registered ticket holder for the winning Powerball draw.Source:Supplied

Mr Whiffen said yesterday: “This was a long running work syndicate and our client is the only member who has been excluded from this winning syndicate.”

“We are aware that other syndicate members are upset by the way the registered ticket holder is treating our client,’’ Mr Whiffen said.

“We have concerns that a son of the registered ticket holder, who is not an employee of the company where the work syndicate was run, appears to have been included in the winning syndicate. We are making further investigations into this.”

If Mr King is excluded from the win, the jackpot will be split 14 ways.

NSW Lotteries yesterday handed over the $40 million Powerball jackpot to the winning ticket holder, despite a dispute between members within the syndicate.

But in court today, Mr Lee said claims Mr Adams’ son had somehow been put into a syndicate at the expense of the plaintiff were “false based on evidence”. That evidence is yet to be seen.

That winning ticket was a total $40,445,165 prize draw.

The case will return to court on June 24.

Know more? — youngma@news.com.au