[blml] nashville 12 [SEC=UNOFFICIAL]

[richard.hills at immi.gov.au]

Law 93B1:

"The Chief Director shall hear and rule upon such
part of the appeal as deals solely with the Law..."

Law 93B3:

"...the committee may not overrule the Director on
a point of law..."

Konrad Ciborowski:

>>No - the AC didn't overrule the TD at all. So
>>what exactly are you talking about?

Richard Hills:

It is true the AC did not infract Law 93B3 by
reversing the TD on a point of Law.  But the AC
infracted Law 93B1 by its creation of a new
interpretation of Law, a prerogative restricted to
the Chief Director or ACBL Laws Commission or WBF
Laws Committee.

Eric Landau:

>For that intent to be consistent with the law,
>the committee would have had to find that West
>could "have accidentally got AI about what South
>thought of 2D" even "had the irregularity not
>occurred".

WBF Laws Committee, 9th November 2003, item 3:

"The committee considered the proposition that when
there has been misinformation and a damaged side is
to receive and adjusted score this should be
assessed on the basis that the non-offending side
is entitled to know the partnership understanding
and to draw logical conclusions, given the
information it received. The adjusted score, the
Chairman suggested, should be assessed on the
action likely to be taken by the non-offending side
in the circumstances. It was observed that if given
the correct information the partnership might or
might not be aware that a misunderstanding had
occurred, depending on the situation. There is, of
course, the possibility of backing up the auction
if declarer or dummy corrects an explanation as Law
75D requires (see also Law 21B)."


Best wishes

Richard James Hills, amicus curiae
Level 6 Aqua Training Suite, DIAC
02 6225 6776

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