A disability pensioner claims he dived over a counter to try to retrieve his winning Lotto ticket after a newsagent refused to give it back, a Sydney court has been told.

Key points: About 50 people have unsuccessfully tried to claim the 1997 lottery

About 50 people have unsuccessfully tried to claim the 1997 lottery Renshaw claims newsagent threw out winning ticket and refused to return it

Renshaw claims newsagent threw out winning ticket and refused to return it Argues all newsagents should be properly trained to validate tickets

David Renshaw is suing NSW Lotteries alleging he was the winner of an unclaimed prize of $3.3 million from 22 years ago.

He said he handed his winning ticket over at a Granville newsagency after a Lotto draw on September 23, 1997.

About 50 people have previously come forward to claim the prize over the years with at least one other unsuccessful court case.

That case was lost by another pensioner, Robert Clemett, in 2014.

Mr Clemett attended Friday's hearing in the public gallery.

At the start of Friday's Supreme Court hearing Justice Desmond Fagan said he has been advised that when the matter was last in court there was a 'scuffle' — but he did not give further details.

Mr Renshaw, who is representing himself, alleged that when he gave his ticket to a Granville station newsagency employee the words 'provisional winner' came up on the screen.

Robert Clemett attended Friday's hearing. ( AAP image: James Gourley )

He told the court the shop assistant — who was of Asian origin and could not speak English very well — threw the ticket in the bin and would not return it.

"He waved the ticket in my face screaming ... no f***ing winner," Mr Renshaw said.

Mr Renshaw said he "dived" over the counter and the assistant ran off and locked himself in an office in the back.

Mr Renshaw told the court he knocked on the office door — but the shop assistant would not come out.

"He locked himself in the office with the owner," he said.

Mr Renshaw told the judge that he did not pull the ticket out of the bin himself because he was on parole at the time for criminal matters and he was concerned he would be "accused of stealing".

When mention was made in court of the long time it had taken for this case to be resolved Mr Renshaw said it took him a while to realise how much the winning ticket was worth and how he could go about getting information from NSW Lotteries.

He said he suffered possible memory loss after a workplace accident.

"A palette of bricks struck my head and shoulder ... I was in hospital for some time," he said.

Mr Renshaw said it was up to NSW Lotteries to ensure newsagency staff were properly trained to validate tickets.

At one point Justice Fagan halted proceedings and said he was aware of concern in the public gallery about a lawyer coughing.

The judge asked the parties at the bench if they were aware of the symptoms of coronavirus.

They all replied that they were and that they did not believe they had the illness.

The matter will return to court in April.