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Tony Heuvel v Speedway New Zealand


Appeal against decision of national sporting organisation – saloon car driver suspended for 12 months for competing with allegedly illegal carburettor on his car – some breaches of natural justice in way manner matter dealt with in Directors’ meeting and Appeal Committee hearing including: determining engine illegal without hearing from appellant; lack of information provided to appellant; inadequate details of alleged infringement provided; some witnesses were spoken to by phone at hearing and appellant could not directly hear their testimony or question them and issues relating to identification of carburettor over phone – Tribunal reheard matter – conflicting evidence whether carburettor produced to Appeal Committee and Tribunal was same as one on car at time of alleged infringement (carburettor produced to Tribunal was accepted by parties as legal) – appellant gave credible evidence it was same carburettor – Tribunal held respondent’s evidence fell short of required standard of countering that it was not the carburettor on appellant’s car at time of championships – appeal allowed and suspension overturned – modest costs award.

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