Syd Fischer pursues bid in court

Press, 24 December 1986, Page 34

Syd Fischer pursues bid in court

NZPA-AAP Fremantle The Sydney America’s Cup syndicate yesterday said its lawyers would be serving legal documents on Royal Perth Yacht Club in a continuing bid to change the defender selection procedure. The syndicate’s head, Syd Fischer, confirmed that the lawyers were taking action through the West Australian Supreme Court after the club’s refusal to change the procedure to help the chances of his yacht,

Sydney-Steak ’n Kidney. Mr Fischer did not specify which papers would be presented to the club, but he did say the court would be asked to interpret the set of rules which governs the defenders’ regatta. Legal action against the organising club by a defence contender is without known precedent in the 135-year-old America’s Cup. However, Mr Fischer did say that it was not his intention to stop the next round of defender

selection trials from commencing on their planned December 27 starting date. “It won’t stop (the sailing),” Mr Fischer said. “There’s no need to stop it.” The legal action comes after R.P.Y.C. committee refused for the second time to change the format of the Series D trials. Mr Fischer had sought the change to give his late improving yacht a better chance of reach-

ing the actual defence final, which is the sailoff to choose the boat that will become the first Australian defender of the America’s Cup. His syndicate calculates that as matters stand at present, SydneySteak ’n Kidney would have to win eight of the next nine races to reach the final. On Monday the R.P.Y.C.’s race committee firmly rejected Mr Fischer’s renewed appeal and found that no anomaly existed that might

allow for a change of rules. The race committee chairman, Dr Stan Reid, later emphasised that everything had been done in accordance with the Notice of Regatta and Sailing Instructions for the defender trials. “Article 1.1 of the notice invites people to apply to sail in the regatta under those conditions,” Dr Reid said. “I don’t really understand what Mr Fischer is on about.” Dr Reid was speaking

before it was learned that Mr Fischer’s Sydney Q.C., Jim Glissan, and a junior had consulted a West Australian Supreme Court judge in chambers on Monday night. Yesterday Mr Fischer confirmed that an action would proceed. “There’ll be papers served on the club and the matter will be taken from there,” he said. He said a key part of the action would be to ask the court to interpret the Notice of Regatta and Sailing Instructions.