Strike one! AVESCO claims victory in first round legal battle
11/8/2000 19:26 (V8 Wire - Jason Whittaker) - V8 governing body AVESCO has claimed an emphatic victory in Round One of its legal battle with CAMS, after the Victorian Supreme Court struck out CAMS’ claims in an embarrassing setback for the organisation.
After a two-week legal duel between motorsport’s two powerbrokers, the Supreme Court of Victoria’s Justice Mandie ruled the claims filed by CAMS, and its commercial arm the AMSC, be struck out and CAMS/AMSC ordered to pay all legal costs to date.
Justice Mandie agreed with AVESCO’s submission that CAMS’ claims were, “defective and disclosed no proper cause of action.”
"Today’s decision is not a surprise for us," AVESCO Chairman, Tony Cochrane, said.
"Justice Mandie’s orders reflect what we have always said. CAMS and AMSC do not have a valid claim against AVESCO,” he said.
The CAMS/AMSC party has been granted leave to start proceedings again by filing an amended claim. This will be done in time for proceedings to recommence next week.
CAMS Chief Executive Officer, Peter Hansen, today insisted the ruling was not a setback.
“CAMS will respond with the necessary amendments in accordance with the directions given by the court today,” Mr Hansen said.
“This delay is a procedural matter and in no way diminishes our claim against AVESCO,” he said.
Tony Cochrane – buoyed by such a significant early victory – is prepared to fight to the death.
“If they start again with a new claim, we will defend it and pursue our cross claims against them. Hopefully, today’s result will teach them that AVESCO will not be influenced by baseless claims and that their misguided litigation strategy will lead to defeat and costs orders," Cochrane declared.
The decision is of great embarrassment to CAMS, who filed the claims last month over disputed licensing arrangements with the AVESCO organisation.
"I am not sure how they will explain today’s outcome to the CAMS membership who will ultimately foot the bill for AVESCO’s costs,” Cochrane said.
The proceedings are seen as, ultimately, a fight for control of Australian motorsport’s greatest success story – a fight AVESCO firmly believe they are well on the way to winning.
"As the fastest growing sport in Australia today, we intend to keep expanding and providing TEGA members with a sound financial basis to conduct business and fully satisfy their sponsors,” Cochrane said.
Also today, Cochrane announced there would be a delay in the release of the V8 Supercar schedule for 2001. The calendar will now be released in the first week of October.
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