Cup hearing date

Press, 11 December 1989, Page 36

Cup hearing date

By

CULLEN SMITH

The New york State Court of Appeals will hear final argument on the America’s Cup catamaran controversy on February 8. A decision in the long-running dispute over the validity of the San Diego Yacht Club’s Cup defence in September last year may be released late in March, keeping the next regatta on schedule for 1992. New Zealand’s Mercury Bay Boating Club was last month granted leave to appeal against the Court’s September 19 ruling in favour of San Diego. Questions of law had arisen over the decision by the Appellate Division of the New York Supreme Court which overturned Judge Carmen Ciparick’s disqualification of the San Diego catamaran - on the ground of a gross mismatch against Mercury Bay’s giant monohull sloop. New Zealand. The five-judge appellate panel reinstated San Diego as the winner in a 4-1 majority decision, saying the Cup’s Deed of Gift setting

rules for challenges imposed no design cons- - traints on how the Cup should be defended, Now the Court of Appeals in Albany has agreed to a schedule under which Mercury Bay will file its appeal papers by next Thursday (New Zealand time). .2 San Diego and the New York Attorney General will have until January 12 to respond, giving Mercury Bay 10 days for the right of reply. Oral argument on February 8 will complete the litigation process. Observers believe the Court could announce its decision within four to six weeks of that date. A decision will be final. Neither party wiir have any further avenue for appeal. “ The Mercury Bay Commodore, Mr Toby Morcom, said all parties involved in the dispute had worked together to fast-track proceedings and the Court agreed to expedite matters. “Everyone can now confidently proceed on the basis that the next America’s Cup will be raced in 1992 as scheduled," Mr Morcom said.