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Tim Curr v Motorcycling New Zealand Inc


Appeal against decision of national sporting organisation – after incident on racing track, steward purported to disqualify appellant motorcyclist who kept racing – MNZ Board found appellant rode dangerously close to steward, ignored his directions and rode dangerously in pits – MNZ Board imposed 2 years’ full suspension and further one year’s partial suspension of his competition licence on appellant for riding dangerously close to the steward – also suspended him for one year (concurrent with the other suspension) for disobeying steward and fined him for riding dangerously in pits – appealed on number of grounds including breach of natural justice, bias, predetermination and conflict of interest – while Tribunal had some concerns in relation to some of grounds, none made out sufficiently to warrant quashing decisions or remitting matter back – Tribunal upheld findings but allowed appeal against penalties – comment on whether probationary period imposed under partial suspension available under constitution in force at time – In considering penalty, Tribunal took into account appellant’s acknowledgments and recognition of conduct at hearing, youth, good record, and severe impact of sanction on him, as well as other MNZ decisions – Tribunal quashed the 2 years’ suspension and one year partial suspension for riding dangerously close to the steward and instead substituted a period of 15 months’ suspension – the other penalties remained the same.

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