Aggrieved that Canterbury Radio Control Car Club would not sanction his plan to allow tyre modifications for model racing, long-time enthusiast Kevin Frewer called the High Court in aid, only to be black-flagged; changing the rules is a decision for members.
Now aged 72 and retired, Mr Frewer helped found the Canterbury model Car Club in 1975. The Club races radio controlled cars, off road. Racing rules are specified for each class; imposed internationally by the International Federation of Model Auto Racing and nationally by the New Zealand Radio Car Association. The High Court was told Mr Frewer sought to promote use of foam tyres for what was described as the 1/8thscale GT class; more expensive than rubber tyres but more durable. Fellow Club members were not supportive. An informal poll of Club drivers in 2019 ruled out their use. Mr Frewer was briefly suspended from the Club after allegations he had intimidated other Club members.
In the face of threats of litigation by Mr Frewer, the question of tyre choice got a hearing at the Club’s 2021 annual meeting. He then sued, alleging he didn’t get a proper hearing at the meeting and that proper meeting procedure was not followed. Justice Dunningham said what rules should apply to hobby car racing is quintessentially an internal matter for the Club, not for the courts. Clubmembers decide.
The court was told the New Zealand Association has also voted to ban foam tyres for the GT class. Mr Frewer complains this was the result of individual Canterbury members lobbying the National Association.
Defending a High Court claim does not come cheap. Club financial statements for the year prior to Mr Frewer’s High Court hearing itemise some $10,600 spent by then on Club legal expenses.
Frewer v. Canterbury Radio Control Car Club Incorporated – High Court (7.07.22)
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