JFA Pty Ltd appeals against TEGA liquidated damages finding

[Matt H]

once again from racenews...

JFA Pty Ltd (owned and operated by PWR Racing Pty Ltd) has appealed in the Supreme Court of Queensland the decision made by the Touring Car Entrants Group Australia Pty Ltd (TEGA) Tribunal to uphold TEGA’s levying of a $300,000 penalty against JFA Pty Ltd.


Jeffrey Browne, of Browne & Co, Solicitors & Consultants said: “The procedures for testing the decisions of the administration of V8 Supercars are sadly lacking and if the V8 Supercar Championship Series is to become a truly national popular sport it needs to rapidly improve its administrative procedures.

“It is disappointing that JFA Pty Ltd is obliged to resort to obtaining relief from the Court but sadly under the present system and in light of the current Teams’ Licence Agreement, these actions from teams who are treated unfairly are likely to become common place.”

selected paragraphs posted....

[smithers]

JFA - as owned by PWR.....

[Onlooker]

Fair point, under the current system, a civil court will be hard pressed to pass the full amount, however. isn't it an automatic "fee" not a fine of a maximum value ???

[Techo]

Is'nt Jeffrey Browne, of Browne & Co, Solicitors & Consultants a HSV/HRT consultant too ?

[Matt H]

techno, no, he is a hms employee

[Onlooker]

Are they not on the GRM cars as well?

[GTRMagic]

Originally posted by Onlooker
Are they not on the GRM cars as well?

You mean GRM is part of Symbol??????

[Onlooker]

No you trouble maker , I thought that they had a sticker on the bumper or something from the same mob, they have for years. But I can't seem to see it anymore ????

[GTRMagic]

It used to be on the front splitter, under the main air intake...

[peckstar]

interesting that when team dynamik took legal action to stop the hearing, the court said, you have voluntaryily agreed to be bound by the rules of Tega and as a result you have agreed to their judicial system. so go back there and sort it out and stop wasting our time.

if the court disagree in this instance, well then i would think PWR franchise would be reviewed

[lcfp2297]

The difference being that Dynamik wanted court intervention BEFORE the TEGA tribunal...

The courts are always open AFTER...

[peckstar]

its the same, their is an appeal process in action after the tega tribunal, two steps actually, and they have not followed that process

[Matthew Ronke]

Originally posted by peckstar
interesting that when team dynamik took legal action to stop the hearing, the court said, you have voluntaryily agreed to be bound by the rules of Tega and as a result you have agreed to their judicial system. so go back there and sort it out and stop wasting our time.

if the court disagree in this instance, well then i would think PWR franchise would be reviewed

The Johnaton Webb case against CAMS certainly reafirms that all options of appeal should be sort under a governing bodies judicial process. However there have been identified certain circumstances where the courts will intervene;
*Where the governing body has breached an express rule
*Where the governing body has applied an unlawful rule
*Where the governing body has breached the implied obligation to act fairly
*Where the governing body has acted unreasonably or disproportionately