TEGA Tribunal upholds liquidated damages case

tiko · 25 Aug 2004, 08:51 (Ref:1076791)

The Touring Car Entrants Group (TEGA) Tribunal has unanimously determined that JFA Pty Ltd was liable for liquidated damages of $300,000 for failing to attend and participate in the 2003 V8 Supercar Championship Series round at Queensland Raceway.

The TEGA Tribunal found that JFA Pty Ltd, owned by John and Alyson Faulkner and the then holder of two Level One V8 Supercar Licences, was in breach of its obligation to contest each round of the V8 Supercar Championship Series.

TEGA regulations stipulate that Level One licence holders must contest every round of the V8 Supercar Championship Series or be liable for liquidated damages of $150,000 per licence.

The evidentiary hearing consisted of two full days of witness evidence and statement gathering on behalf of both parties. JFA Pty Ltd argued against the liquidated damages on nine counts, all of which were unanimously dismissed by the tribunal. The claim for liquidated damages was then applied and enforced.

TEGA Chairman Kelvin O’Reilly said the decision was in line with and supported TEGA Regulations.

“TEGA is delighted with the result,” Mr O’Reilly said. “The system allows the championship to operate in a thorough and professional manner.”

rdmdog · 25 Aug 2004, 08:55 (Ref:1076797)

WOW

pity that one of the original privateer mainstays is getting hammered by some swift work by the big boys. And Mr Crawford thought using Rodneys Tyres for practice was a drama!!!!!!!!!

pete55 · 25 Aug 2004, 09:13 (Ref:1076817)

Bloody disgraceful decision. Probably not as bad as O'Reilly's smart arse remark though.

tiko · 25 Aug 2004, 09:13 (Ref:1076818)

Yeah definately very interesting, took a while for this result to come out. What are the avenues if opposing parties are wishing to appeal? Surely not the High Court? Geesus, we could be waiting quite a long time for a result if that is the case.

Gaz170 · 25 Aug 2004, 09:23 (Ref:1076827)

If Holden had any morals they would pay the fine for Faulkner, since they were the ones who led to this.

pete55 · 25 Aug 2004, 09:44 (Ref:1076852)

Well John Faulkner has stated previously that he won't be paying it so it could become interesting.
Furthermore, i previously thought Kelvin O'Reilly was a bit of a ****head. Now i'm convinced.

HD_D5 · 25 Aug 2004, 10:02 (Ref:1076872)

Is this the same Kelvin O'Reilly who years ago bagged the V8's calling them all sorts of nasty names whilst he was in charge of the soft cock operation of the Super Tourers....that was going to put the V8's out of business.

Is this same person who now it seems doesnt have the courage of his convictions, & has foresaken his previously held beliefs for the $ & is now working for the very same people he bagged.

Whaddya know...yep it is the same, he was an absolute disgrace then....& is an even bigger one now, only now he is also an embarressment (hope that is spelt right).

cheers

tiko · 25 Aug 2004, 10:13 (Ref:1076887)

Quote:

Originally posted by Gaz170
If Holden had any morals they would pay the fine for Faulkner, since they were the ones who led to this.

If AVESCO/TEGA had any morals they wouldn't have handed down the fine!

tiko · 25 Aug 2004, 10:14 (Ref:1076890)

Quote:

Originally posted by HD_D5
Is this the same Kelvin O'Reilly who years ago bagged the V8's calling them all sorts of nasty names whilst he was in charge of the soft cock operation of the Super Tourers....that was going to put the V8's out of business.

Is this same person who now it seems doesnt have the courage of his convictions, & has foresaken his previously held beliefs for the $ & is now working for the very same people he bagged.

Whaddya know...yep it is the same, he was an absolute disgrace then....& is an even bigger one now, only now he is also an embarressment (hope that is spelt right).

cheers

Spot on HD_D5, Seems quite unappropriate that he is even involved in V8Supercar.

1200Datto27 · 25 Aug 2004, 10:36 (Ref:1076911)

Wasn't this TEGA Vs. JFA? If so, how could there not be a conflict of interest involved? It would make the CAMS tribunals of lack look just and moderate in comparison if that is the case.

Also a Believer · 25 Aug 2004, 11:12 (Ref:1076946)

Well if John and Ali are serious they will offer them $5.00 a week. Stick it to em JF I say. What happened to Mr Weels offer anyway.

Just Do It! · 25 Aug 2004, 11:30 (Ref:1076967)

What offer did Kees make?

**GTRMagic** · 25 Aug 2004, 14:10 (Ref:1077109)

Um, actually its a lot simpler than that.

The legal entity JFA Pty Ltd was the holding company of the L1 franchise previously owned by Mr Faulkner.

When Mr Weel bought the franchise, he actually purchased the JFA Pty Ltd legal entity, such that a re-registration of the franchise amongst the TEGA bretheren was not strictly speaking necessary.

So at the point in time the legal entity changed hands, the requirement to field cars moves from one owner to another.

From memory at the point in time of the 2003 Queensland round (nobody ever said TEGA was quick to make up its mind... or unwrist its knickers...) Mr Faulkner was the owner of this particular legal entity.

Interestingly also, I understand that the TEGAites have withheld franchise income from the owner of the previous JFR franchise to the tune of the $300k in fines from this process anyway.

The additional cost involved for legal work on both sides will also need to be borne by the non-winner, therefore Mr Weel has to pick up the tab....

Sounds mighty expensive for something that was really caused by Mr Forbes transferring his franchise too early huh....

Spunky · 25 Aug 2004, 21:38 (Ref:1077427)

This whole mess was created by B Forbes and not forgetting John Kelly, like GTR said they were not to transfer licences until after QR, they did it day before. AAB, the can not offer $5 a week, TEGA have been sitting on this money since they fine, nice little interest earner, isn't it?
BUT lets get to the nitty gritty here, this figure of $150 000 was never agreed on by anyone, it was not approved by any member. Interesting though that the member who "snuck" it thru was one B Forbes. If the licence owners did not sign the licence agreement with this clause in it, that the owners did not all agree to, they could not run.
Kees can not be held liable for any of this, trust me on that one. But Holden and O'reilly, I hope the fleas of 1000 afghan camels infest their crotches and their arms are too short to scratch themselves.

Also a Believer · 25 Aug 2004, 22:39 (Ref:1077477)

I thought that in a recent edition of AA Mr Weel offered to settle this matter out of court. Now I like Kees and think that we need more like him in motorsport but does not an offer to settle seem like an admission of guilt or feeling guilty for the situation, please correct me if I am wrong.

tiko · 25 Aug 2004, 22:41 (Ref:1077478)

The most dispointing thing of all is, I believe, is that TEGA and the TEGA board are meant to be representing the teams, like a trade union, doing their bit for the teams, well I cant think of many things they've done to help all of the teams. When you have the Chairman of TEGA telling us in a press release that he's delighted to hand down a $300 000 fine to a previous franchisee holder, is that acting in the best interest of the teams/franchise holders?

Peregrine · 26 Aug 2004, 02:25 (Ref:1077586)

Good to see the rules enforced for the first time in a while. Just my $ 0.02.

Techo · 26 Aug 2004, 02:37 (Ref:1077590)

Letting this deal go through the day before the event is just criminal IMHO.:confused:
The smell of money

Held to ransom - what chance did they have ?

At the 11th hour -LAST LAPPED - Shame TEGA Shame
Boys club politics

This what happens when Money & Good faith collide.
PLAIN STUPID - the fans are going to turn OFF -listen to the die hards cause the fence sitters have already GONE !

Onlooker · 26 Aug 2004, 03:11 (Ref:1077599)

It seems strange that in fact it is John Fawkner who is left holding the can on this one, He was supposed to have a contract or lease to allow K Mart to run on his franchise for 2 years or so accoding to the press, now i am no legal eagal but I can bet you that if the AFL rang the MCG on the eve of the finals and informed them that an option to play at a more suitable ground was available, they would not be able to walk out on the original deal and make the MCG pick up the tab the MCG. Who did the leagal stuff on this??? Or do all those teams use a common leagl company

pathetic · 26 Aug 2004, 05:24 (Ref:1077636)

What an absolute travesty of justice!!!
How can you prepare 2 cars with a matter of days notice for a race metting. Whilst they would have achieved this, the wrong wiring looms or similar were in the car (this being the major hurdle) so had to be changed .
They were willing to do this before "big brother" stepped in and said they would take care of the ramifications. ha ha
Would have been cheaper to run illigal cars and cop a $5000 Stone Brothers "how did that get there" fine for each.
All because the franchise had the 46 car and not the two Kmart cars. Just log book stuff really.

Great to see TEGA sticking it too a fellow member !!

Hate to see how these people treat their young !

And what exactly has fining JFA done to improve the sport ??

If this wasn't so serious I would think it was a joke !

Also a Believer · 26 Aug 2004, 05:27 (Ref:1077639)

Not the sport just the pockets of a few that are better off

Techo · 26 Aug 2004, 05:32 (Ref:1077641)

TEGA- Once apon a time it was a entrants group:confused:
You can speak to Avecso(10- 30% of everything) on the same phone number

retro · 27 Aug 2004, 12:01 (Ref:1079072)

The beef is with Mr Weel and not Mr Faulkner.

Presumably the fine is Mr Weel's as well.

**GTRMagic** · 27 Aug 2004, 12:16 (Ref:1079094)

Quote:

Originally posted by retro
The beef is with Mr Weel and not Mr Faulkner.

Presumably the fine is Mr Weel's as well.

Its as I understand it.... presumably TEGA/AVESCO will just withhold championship franchise income to the level they think is appropriate.....

retro · 27 Aug 2004, 12:27 (Ref:1079108)

Not sure how it will be paid but it will not be JFR.

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