The Supreme Court of Victoria this morning rejected Team Dynamik's application for an injunction to delay today's Stewards' inquiry into alleged breach of regulations relating to V8 Supercar testing, confirming that the matter must be dealt with under the CAMS' judicial system. The Supreme Court also ordered that Team Dynamik pay CAMS' costs.
The Stewards' inquiry into Team Dynamik's alleged breaches of the regulations relating to testing as set out in the 2004 AVESCO Operations Manual commenced this morning at 10am as scheduled at Sandown International Motor Raceway.
Supreme Court Judge Mr Philip Cummins rejected the injunction application on the basis that the parties have voluntarily agreed to a judicial system which is designed to ensure legal technicalities are minimised, and it is premature for the court to intervene, particularly when the proceedings had not even started. Furthermore, it was decided that the material involved in the case is a matter for the experts in the area, being the Stewards appointed to conduct the inquiry.
Justice Cummins commented that while there are serious matters involved in this particular case there is nothing in the context of the rules or the case to warrant the court interfering.
Confederation of Australian Motor Sport President Mr Colin Osborne said this morning:
"CAMS is pleased that the Supreme Court of Victoria has reinforced the sports authority over its own judicial system, and confirmed that all avenues of the CAMS judicial system must be exhausted prior to any party being able to seek the transfer of any matter to the civil law jurisdiction.
"All participants pursuant to the rules in the AVESCO Operations Manual agree, through their entry into the Championship, that they will not become a party to any suit at law against the FIA, CAMS or AVESCO or TEGA until all remedies allowed by these rules have been exhausted.
"Put simply, participants in all CAMS motor sport agree to abide by CAMS' judicial system prior to entering into a court of law.
"This is consistent with the Federation Internationale de l'Automobile's (FIA) International Sporting Code which CAMS, as the sole National Sporting Authority for four wheeled motor sport in Australia, is responsible for regulating."
The Stewards inquiry was still in progress at time of release.