Competitors
left behind because of allegedly defective FT50 racecars supplied for the 2015
Toyota Racing Series are suing for damages.
For over a decade, Toyota has supported a
nationwide circuit racing programme; a development scheme for promising young
drivers attracting competitors from around the world. Racing in identical cars, driving skills are
paramount. For the 2015 series,
competitors paid some $180,000 each for a package covering an FT50 race car,
professional pit crew, technical and engineering support plus accommodation and
on-track race insurance. For a lesser
price, competitors could lease an FT50 alone and provide their own support.
Matteo Ferrer, Stefan Reiner and Brendon
Leitch who all had poor results in the 2015 series sued organisers NZOne Race
Management Ltd alleging losses arising from the poor performance of cars
supplied. The new FT50 was a replacement
for the FT40 used successfully in previous Toyota Racing Series. NZOne admits there were teething problems
with the new FT50, particularly with the gearbox. But it denies cars were not race worthy. It argues extensive exclusion clauses
included in each racing contract bars competitors from suing. Justice Katz ruled a full High Court hearing
is needed to properly interprete these exclusion clauses in light of common
usage in motor racing.
Ferrer-Aza
v. NZOne Race Management (4.05.16)
16.072