Justice Cahn’s ruling in the New York Supreme Court
19/03/08
Emirates Team New Zealand managing director Grant Dalton said today Justice Cahn’s decision was the best possible outcome for the team and for all challengers.
“The way is open for the America’s Cup to get back on track with a multi-challenge America’s Cup at a date to be decided.
“We are getting some clarity at last,” Dalton said.
In the New York State Supreme Court, Justice Cahn today confirmed his ruling of November 27 last year in which he declared the challenger of record for the 33rd America’s Cup Club Nautica Espanol de Vela was invalid.
The judge determined then that the Golden Gate Yacht Club, which is represented by the BMW Oracle Racing team, was to be the challenger of record under the Deed of Gift.
Grant Dalton said that the judge’s decision today, based solely on the Deed of Gift, is that the Oracle challenge should go ahead in July 2008, unless an alternative date is mutually agreed between BMW Oracle and Alinghi.
Dalton said: “Alinghi has issued a statement saying they welcomed an event in July 2009. This is a smokescreen because we assume that Alinghi will not be ready in July 2008. It is in Alinghi’s interests to try to push the event into 2009.
“We assume that BMW Oracle has factored a July 2008 date into their build programme so it is in their interests to race as soon as possible.”
Why is the ruling good for Emirates Team New Zealand?
Dalton said: “At the end of an event in July this year, we would be back on track for a multi-challenge 34th America’s Cup in the quickest possible time.
“We have known for many months that whatever way the Oracle/Alinghi legal action was determined, the 33rd America’s Cup would be a one-on-one Deed of Gift challenge.
“Emirates Team New Zealand’s strategy has been to stay strong and prepare for the 34th America’s Cup which will be a multi-challenge event. We have kept the team going throughout this time so that we can respond quickly when the time comes.
“Design work has continued throughout this hiatus. Members of the sailing team will be racing together in major northern hemisphere regattas this year.
“When we have a date for the 34th America’s Cup, Emirates Team New Zealand will be in good shape.”
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