Factory worker loses fresh bid for share of $40m Powerball jackpot

A NSW father-of-five is up for a hefty legal bill after losing his appeal against a judge's finding that he wasn't entitled to a share of a $40 million Powerball jackpot.

Sydney factory worker Brendan King sued the workplace lottery syndicate organiser Robert Adams, claiming he was entitled to a 15th share amounting to $2.7 million of the May 2016 prize.

On Monday, the NSW Court of Appeal dismissed his challenge, ruling that the Supreme Court judge made no error in finding that Mr King was not a member of a one-off syndicate formed days before the win.

Justice John Sackar had found there had been two distinct syndicates, with Mr King having been a long-time participant in the first, and the second being the winning syndicate.

At the appeal, Mr King's lawyers argued that Mr Adams' intention, assessed objectively, was that Mr King was a member of the second syndicate.

"In summary, the objective facts point to Mr King not having been a member of the second syndicate that won the winning ticket," said Justice Richard White, sitting with Justices Fabian Gleeson and Arthur Emmett.

"There is no sufficient reason to reject the primary judge's acceptance of Mr Adams as a witness of credit."

Mr King was ordered to pay the legal costs of the other parties.