- Moderator
- #101
Answer the specific question Roylion I asked you instead of just snapping back "no it wasn't" "yes it was"
I've answered these questions in this thread already. Read back through the thread.
Answer the specific question.... Explain why the bears history ended the minute the club in your words renamed itself bb-ffc Ltd.
Once again. The Bears history didn't end. The AFL regards the Bears and the Lions as the same club.
Moreover legally the Brisbane Bears and the Brisbane Lions are the same club. ASIC regards the bears and the Lions as the same entity and Fitzroy as a separate entity.
Because it wasn't a simple renaming like the Swans. Instead another entity merged with them, in some capacity, thus creating a new entity.
Do you know that the South Melbourne Football Club Ltd. was in fact wound up in April 1983 in the Supreme Court of Victoria? No such entity now exists, renamed or not. A new entity "Sydney Swans Ltd." was created and the AFL licence transferred to that entity. No such thing happened to the Brisbane Bears / Lions.
No entity merged with the Bears. Brisbane merely acquired ( bought) some Fitzroy assets. That's laid out In the Deed. That does not make its new entity, a fact backed up by law. Legally, the Brisbane Bears and the Brisbane Lions are one and the same entity. ASIC regards their financial history for example as one and the same. No new entity was formed. The Deed of Arrangement establishes that also. The Supreme Court of Victoria made the same conclusion.
Hell even the Brisbane Lions argued the same in their court case against Fitzroy Football Club in 2010.
In 2010 in the Supreme Court of Victoria , the Brisbane Lions argued that the attempt by Fitzroy to try to hold the Brisbane Lions to the Deed of Arrangement in regards to the continuing use of the Fitzroy lion, "was the case of an "historical entity with a shrinking supporter base" (that is THE Fitzroy Football Club formed 1883) "seeking to control the activities of an ongoing enterprise in a way that was going to cause it great loss and get in the way of a progressive marketing exercise commensurate with a strong and competitive football team.”
The Brisbane Lions went on to say that the Fitzroy Football Club was engaging in “officious meddling” in the affairs of another Club (i.e. Brisbane Bears-Fitzroy Football Club Ltd).
Fitzroy Football Club Ltd (ACN 005 881 201. ABN 20 005 881 201. Registered: 09/07/1981)
vs. Brisbane Bears-Fitzroy Football Club Ltd (ACN: 054 263 473, ABN: 43 054 263 473 Registered: 16/12/1991. originally the Brisbane Bears Football Club Ltd.)
Supreme Court of Victoria - 3rd May 2010.
In other words what the Brisbane Lions were arguing in the Supreme Court is that THE Fitzroy Football Club had nothing to do with their club, nor had, or should have, any input into their club and the Deed of Arrangement, written by the "merged club" (i.e. the Brisbane Bears now calling themselves the Brisbane Lions) was nothing more than a worthless piece of paper.
Otherwise, the bears history would've continued like the Swans history did.
The Bears' history does continue, in the same way that any club's history continues if and when they change their name (Footscray to the Western Bulldogs), their mascot/logo/moniker ( plenty of examples in the VFL -AFL ) or their jumper (even more examples in the VFL - AFL).
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