Challenge valid, says U.S. lawyer

Press, 10 September 1987, Page 1

Challenge valid, says U.S. lawyer

By

NICK BROWN,

NZPA correspondent NZPA Sydney An eminent American yachts-man-lawyer has claimed that the San Diego Yacht Club cannot reject New Zealand’s 1988 challenge to fight for the America’s Cup in 90ft waterline boats. The New York Yacht Club’s counsel, James Michael, tendered this legal advice in a letter to the San Diego Yacht Club’s commodore, Fred Frye, according to the “Bulletin” magazine. The “Bulletin" has also published an article by the Cupwinning skipper, Dennis Conner, accusing the New Zealand syndicate boss, Michael Fay, of using a legal loophole to get a “cheap shot" at the America’s Cup. The New York Supreme Court was due yesterday to begin its hearing of New Zealand’s claim that the San Diego club was required, under the Cup’s deed of gift, to defend the Cup next year. Mr Michael, a former president of the United States Yacht Racing Union and a member of the New York Yacht Club’s board of trustees, countered each of the San Diego Yacht Club’s objections to the New Zealand challenge in his letter. He said the club holding the Cup must accept the first challenge it received and a match

between two 90ft waterline boats would be as competitive as one between two 12-metre yachts. Mr Michael also disputed the San Diego club’s assertion that a custom had built up since 1958 to sail the Cup matches in 12-metre yachts and that this custom overrode the deed of gift. “In my judgment reliance upon such an argument is misplaced,” he said. “Custom cannot be used to vary the clear terms of the document .. Here the terms of the deed of gift are clear and unequivocal and have been approved by the New York Supreme Court.” Dennis Conner wrote that Mr Fay might be willing to sail off against one or two other teams but basically he was looking for an easy passage to the Cup finals without facing the 15 or so other clubs who wanted to compete. Conner said Mr Fay was present at Porto Cervo in Sardinia when the San Diego Yacht Club’s intention to defend the Cup in 12metre yachts was discussed. “Apparently he feels that San Diego’s plan is not good for Michael Fay and that he may have found a legal loophole to permit him to mow down the competition, get rid of the 12metre class, and get a cheap shot at the Cup,” Conner wrote.