Picking up where Eric left off...
port had completed her tack.. was on starboard and was moving. You had room and opportunity to keep clear..
I assume you were faster then the dinghy and so in overtaking the right of way boat... you had a choice to go above or below and you chose to go above...
You need to say more information... Were you on the layline... or where you above the layine and footing down to the mark assuming no boat traffic? (Dinghy will say that all you did was come up to close hauled and overtake him to weather... he was keeping clear.
Were there other cats behind you... ie below even or above your line to the mark.
When you called protest... where were the two boats and how far from the mark.