KEY POINTS:
Team New Zealand head Grant Dalton said this morning's decision by the New York Supreme Court in favour of American yachting syndicate Oracle was the outcome he was waiting for.
He said it was still not guaranteed that Team New Zealand would be racing but Oracle have consistently supported a Challenger's race.
"That's what we've always been working to, in the hope that common sense would prevail," Dalton said.
He said he hopes Alinghi will now "put down their weapons" and the two syndicates can get on with it and agree to race conditions.
Dalton said the racing will likely take place in the new larger boats - the AC 90.
Dalton added that there is still uncertainty over when the race will be held and Alinghi could still appeal the case.
"But our advice is that will be a tough one to win and they have consistently said they won't pursue that avenue,"
Dalton said the next America's Cup could also be held in 2011 but the hope is for 2009 to keep the momentum up which pleases the sponsors and doesn't clash with the Soccer World Cup in South Africa and the Formula One in Valencia.
"From our point of view, we're just rolling and assuming a 2009 environment and always have," Dalton said.
Dalton said Team New Zealand have a good relationship with Oracle but "not so much with Alinghi" and tonight there will be conference calls between the teams.
"The heat is back on Bertarelli to agree to what is still a fair document that was written on October 17 to get on with it in 2009," Dalton said.
He said Team New Zealand have been preparing for an event in 2009.
"It hasn't been one of New Zealand's great sporting years and we've decided just to get on with it and not ask for forgiveness."
Oracle, who are not one of the official challengers, took Alinghi to court after the defenders issued a new protocol, or set of rules, for the next regatta.
The protocol had been negotiated with a newly formed Spanish yacht club, Club Nautico Espanol de Vela (CNEV).
However, Oracle argued that CNEV was not a valid yacht club under the Deed of Gift and should not have been allowed to negotiate the protocol with Alinghi on behalf of potential challengers.
The Deed of Gift is the document that governs the America's Cup.
If Alinghi and Oracle cannot reach agreement on a new racing protocol the American syndicate has the right to challenge Alinghi to a one-on-one match in either the new class of AC90 yacht or in a multihull.
- with AP