" Car buffs' VICtory may see state lose V-plates "
MAKE no mistake, Duncan Ansell loves his blue
SL55 sports convertible, but it's the 220 square centimetres of black steel
fixed to its front bumper that gets his motor racing. His "Vic 7" number plate,
the first privately registered number plate in Victoria, is estimated to be
worth at least $1 million — more than three times as much as his Mercedes.
And he's not about to let a VicRoads plan to
produce an imitation of his prized number plate drive down its value. Together
with panel beating business owner and fellow plate collector Martin Stone, Mr
Ansell has begun legal action against VicRoads over its plans to issue a series
of lookalike "V-series" plates. The new plates are hand-made, coated with the
same vitreous enamel as their heritage counterparts and feature the same white
number styles and the same brass eyelets. The main difference is that they have
a "V" and a white panel on them, while the traditional plates are all black and
only have "VIC".
Original heritage plates — with one, two or
three digits— are more than just status symbols for the petrol-headed sections
of Melbourne's monied elite. The plates' rarity, combined with their historic
significance, has made them serious investments. VIC 1, owned by former Fosters
and Coles Myer boss Peter Bartels, is reputedly worth $2 million. Even the more
lowly VIC 390 fetched $101,000 at auction earlier this month.
When Mr Ansell and Mr Stone saw the
advertisements for a VicRoads auction of the lookalike plates, they were
appalled. They feared the release of a series of lookalikes could halve the
value of their heritage plates overnight. Mr Ansell owns VIC 20 as well as VIC
7. Mr Stone owns 15, 19 and 47, along with six three-digit plates and some
six-digit plates.
On the advice of intellectual property lawyer
Tony Watson, of Middletons, the pair sought a Federal Court injunction
preventing VicRoads from going ahead with the planned auction of the V-series
plates.
Within a fortnight, Mr Ansell and Mr Stone
were sitting nervously in the back of the Federal Court as the Middletons team
argued that the new plates looked so similar to the originals that their release
would be misleading or deceptive and that the average person might confuse them.
The release of the V-series, the lawyers told the court, would devalue the
originals because potential purchasers would not pay as much if they could buy
the same number in a V-series for less.
The lawyers claimed that the sale of the
plates would breach the agreements existing when the numbers were issued — in
some cases as far back as 1910 — and when the collectors bought their plates at
auction. The booklet for the 1984 auction at which Mr Ansell bought the VIC 20
plate from VicRoads billed the 48 historic plates on sale as "valuable
collectors' items offering a unique opportunity for investment". It said
successful bidders would have "the permanent and exclusive right" to the use of
the identifying number on the plates.
The Middletons team also argued that VicRoads'
conduct in the matter amounted to "misleading and deceptive conduct" under the
Trade Practices Act.
Mr Ansell and Mr Stone won the first round of
their court battle. The Federal Court's Justice Richard Tracey examined both the
original plates and the replicas and stated that, in his opinion, the V-series
plates were "remarkably similar" to the heritage plates. He then granted the
injunction, forcing VicRoads to withdraw the V-series from auction.
But the real legal battle is just beginning.
Over the next few weeks Mr Ansell and Mr Stone will file statements of claim and
gather more evidence. The two collectors will be seeking permanent orders
restraining VicRoads from offering any more V-series plates for sale, and from
issuing any other plates which are similar in overall appearance to the heritage
plates. They will also seek damages and their own costs.
First they will have a session of mediation
with VicRoads. If they fail to settle their dispute, the matter will go to
trial.
"Purchasers of these plates have relied on
VicRoads' representations as to the investment opportunity," Mr Watson said.
"They certainly didn't expect that VicRoads would diminish the value of the
asset that they had purchased by seeking to sell plates so strikingly similar."
Mr Ansell and Mr Stone are rallying fellow
heritage number plate buffs and seeking donations for a $200,000 fighting fund
for the case. Car wash company owner Tony Stephens — owner of five plates
including Vic 27 and Vic 37 — is already on board. As are the two collectors'
expert witnesses: broker Mel McLennon, an expert on the plates' sale values, and
plate buff Maurice Mangiagli, who has written one book on the history of
Victorian number plates, and is working on a second — a history of Victoria's
first 100 plates.
A beautiful set of numbers — when the plate's
worth more than the car A numbered car registration system began with
the 1910 Motor Car Act. But official plates were not provided until 1932.
Numbers VIC 1 to VIC 6 were reserved for
Government vehicles.
VIC 7, now owned by Duncan Ansell, was the
first plate for a privately registered vehicle in Victoria.
Former Fosters' Group and Coles Myer boss
Peter Bartels owns VIC 1, now estimated to be worth $2 million
The Smorgon family own VIC 2, 9, 90 and 900
The gaming industry Zagame family have VIC 3
Sam Newman sold his VIC 17 for more than
$250,000
Last month an anonymous United Arab Emirates
tycoon paid $15.6 million for his country's "1" plate
At auction last month VIC 390 fetched $101,000
and VIC 237 $86,000
Source: [ the age ]
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