Team Dynamik Appeal

[Matt H]

I may be wrong on this one, but wasnt there an appeal brought on by Team Dynamik against the CAMS decision set for the Thursday after Sandown???


Any results or ideas whats going on ??

[brendan24688]

And also TEGA also appealed the dissision and asked for it to be a bit harsher. They thought the fines were to leaniant.

[Matt H]

yeah i knew that one, but surely the appeals should be heard before bathurst, for any type of continuity...

[banditshideaway]

The appeal is being heard on Thursday 23rd September. Apparently Team DODO wanted more time to get their evidence sorted out. Go figure.

[Matt H]

more rocket testing :P

thats tomorrow, now which appeal is it, DN vs cams or tega va cams ?

[Matt H]

quote from racenews release....

"The V8 Supercar National Court of Appeal will convene at 9am Wednesday

29 September 2004, at the Confederation of Australian Motor Sport's National Office in Melbourne.



The Court will hear appeals lodged by Team Dynamik and TEGA (Touringcar Entrants Group Australia), with regard to the Stewards' findings handed down on 11 September 2004 at round nine of the V8 Supercar Championship Series held at Sandown International Motor Raceway."

[Rowdy]

Anybody know whats happening

[smithers]

Still going, next update before 5 apparantly.

[rdmdog]

http://www.cams.com.au/content.asp?P...e&ObjectID=448
CAMS Press Release
29 Sep 2004

The V8 Supercar National Court of Appeal has adjourned this afternoon to consider evidence with regard to today’s Team Dynamik and TEGA appeals. The Court will hand down its findings at a later date, still to be advised.

The Court convened at 9am this morning at the Confederation of Australian Motor Sport’s National Office in Melbourne to hear appeals lodged by Team Dynamik and TEGA (Touringcar Entrants Group Australia), with regard to the Stewards’ findings handed down on 11 September 2004 at round nine of the V8 Supercar Championship Series held at Sandown International Motor Raceway.

The Stewards’ found V8 Supercar entrant Team Dynamik in breach of a number of regulations relating to V8 Supercar testing as set out in the 2004 AVESCO Operations Manual. The Stewards imposed a penalty of:
- $50,000 USD (approximately $72,000 AUD, maximum permitted by the Stewards under the International Sporting Code) for breach of Rule D1, unauthorised testing;
- $15,000 AUD for breach of Rule C13.10.2, control tyres;
- $15,000 AUD for breach of Rule C14.11.2, sensors; and
- $2,000 AUD for breach of Rule E6 (transporter identification).

The V8 Supercar National Court of Appeal was chaired by Mr Lex Lasry QC and assisted by Mr Desmond Ryan and Mr Peter Wollerman.

[GTRMagic]

So can someone tell me why the fines and breach sections being recited at every opportunity?

Its not a Kelvin-esque way of trying to influence the passive reader into thinking a party is guilty even though the results remain subject to appeal?

Didnt some European fellow in the last century subscribe to a similar management theory... repeat something often enough, and people will eventually believe it is true.....

[Techo]

Does anyone know how many Civil court & CAMS court actions are pending at the moment ?
Must be quite a few.

[GTRMagic]

Four of significance... (that I remember anyway)

- The Kees Weel/Bob Forbes/John Faulkner "who owns the franchise, who pays the fine" chocolate wheel
- The Team Dynamik original injunction request is still technically open, and the team can (and likely will) return for relief
- The Morris L2 vs L1 case (currently in mediation)
- The original Chinese promoter vs AVESCO for breach of contract over the 2004 China round

For such a relatively small organisation (i.e. turnover under $100m per annum) legal costs must be a killer....

[Techo]

Don't forget the -
Bob v Gibo/Watson Muli Million dollar one
Jason Richards v Team Dyna & visa virsa
Anymore ?

[marcus]

sheesh , i didnt realise all of this was going on , must be more suits running around than ever.

the next big will be TC v The rest of the world

[GTRMagic]

Actually there are a couple of people looking at their options for breaches of contract, and there may be more coming up...

[Kerri]

Someone else has probably already posted this but:


CONFEDERATION OF AUSTRALIAN MOTOR SPORT (CAMS)
> PRESS RELEASE
> 19 November 2004
>
> For Immediate Release
>
> V8 SUPERCAR APPEAL COURT INCREASES PENALTIES FOR TEAM
> DYNAMIK'S TESTING RULE BREACHES
>
> The V8 Supercar National Court of Appeal has increased the
> monetary penalties applied to Team Dynamik for testing rule
> breaches and also handed down additional 'on track' penalties
> to be applied at the final round of the 2004 V8 Supercar
> Championship Series at Eastern Creek and at the first round
> of the Championship in 2005.
>
> The Appeal Court found that Team Dynamik's breach of testing
> rules was intentional and therefore, increased the penalty in
> relation to unauthorised testing (Rule D1) from USD$50,000
> (approximately AUD$72,000) to AUD$100,000. The other
> penalties imposed by the Stewards, totalling AUD$32,000,
> remain unchanged.
>
> In addition to the monetary penalties, the Court further
> penalised Team Dynamik by requiring both cars to start one
> lap behind the field in the last round of the 2004 V8
> Supercar Championship Series at Eastern Creek and in the
> first round of the 2005 V8 Supercar Championship Series. The
> penalty applies to all races at these rounds, with the two
> cars to be released from pit exit after the last car on the
> track has completed the first lap, except in an unusual
> situation, in which case the cars will be released at the
> discretion of the Race Director.
>
> Team Dynamik's appeal fee is forfeited, while TEGA's appeal
> fee will be returned. In addition, costs of TEGA/AVESCO and
> CAMS have been awarded against Team Dynamik. Once relevant
> costs have been established, the Court will make the
> appropriate order.
>
> The breaches took place at a remote airstrip in South
> Australia on Friday 20 August and Saturday 21 August 2004.

[Bruce Moxon]

Whoa!

Why do I get the feeling we'll be hearing more of this?


Bruce Moxon

[Sol]

I think they got what they deserved.

Not only bad press in 2004, but 2005 championship hopes stuffed and the embarassment of waiting in pit lane for 1 lapo each day in Adelaide in front of home crowd, sponsors and families.

Anyone else want to go secret testing???

[Sandgroper]

In addition to the monetary penalties, the Court further
> penalised Team Dynamik by requiring both cars to start one
> lap behind the field in the last round of the 2004 V8
> Supercar Championship Series at Eastern Creek and in the
> first round of the 2005 V8 Supercar Championship Series. The
> penalty applies to all races at these rounds, with the two
> cars to be released from pit exit after the last car on the
> track has completed the first lap, except in an unusual
> situation, in which case the cars will be released at the
> discretion of the Race Director.


As Rove McManus would say "WHAT THE ....."

what a weird weird scenario!


hrug:

[manwell]

The question still has to be asked though.
Is it enough?
Are you willing to sacrifice $100,000 and a lap for some extra testing?

Have i got it wrong or are they bringing back the "drop your worst round" next year again?
If so then Team Dynamic can just drop the result of the first race next year, in which they will be penalised for, and still be in the championship. So its not really penalising them is it?

[stoned pony]

What, $100k-plus is not a penalty? I find the business about having to start races from pit lane one lap behind the field at Eastern Creek this year and Adelaide next year to be childish in the extreme.

[Trev Campbell]

Will this break Team Dynamik ????? I've heard thay are alredy on shakey finacial ground !!!!!

[1200Datto27]

I would be very interested in the actual rule used to impose the "1 lap down" start here, I do not recall reading it anywhere in the NCR's.

[manwell]

Originally posted by stoned pony
What, $100k-plus is not a penalty?

Not when Marcos got fined $10,000 for swearing.
And another $10,000 for not exercising reasonable care after crossing the finish line.

Plus every round teams get routinely fined thousands of dollars for pit lane infringements like wheels or wheel nuts rolling into pit lane, fire marshalls not present when refuling, not using non-compressable jacks when working under the car, or things as mundane as not turning up to a breifing.

[MRJUCY]

Has the start a lap down penalty ever been used before it's a new one on me?