[saub]UPDATE:Van der Garde reaches agreement with Sauber....

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[saub]UPDATE:Van der Garde reaches agreement with Sauber.... Mar 12, 2015 2:10:02 GMT -6

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Post by n7thGear™ on Mar 12, 2015 2:10:02 GMT -6

Sauber appeal dismissed in court, van der Garde set to Race

Sauber lost its appeal in court ruling Giedo van Der Garde to race in Sunday's Australian Grand Prix

Sauber lost its appeal in court ruling Giedo van Der Garde to race in Sunday's Australian Grand Prix

MELBOURNE, Australia — Formula One racing team Sauber lost its appeal on Thursday against a court ruling allowing driver Giedo van der Garde to race in Sunday's Australian Grand Prix.

The Dutch driver said he was promised a seat for the 2015 season, but the Swiss team dumped him in favor of Sweden's Marcus Ericsson and Brazilian Felipe Nasr in November.

A Victorian Supreme Court judge ruled on Wednesday that van der Garde should be able to race in the season-opener in Melbourne, upholding a Swiss arbitration tribunal's decision.

Sauber appealed Wednesday's decision, but three Victorian Court of Appeal judges ruled against the racing team Thursday, setting the stage for van der Garde to begin practice sessions Friday and compete in Sunday's race.

However, doubts remained over whether van der Garde had the necessary Formula One "super license" to drive, and Australian Grand Prix officials would not comment on his status.

In court, Justice Simon Whelan said the court found no error in the judge's original ruling on Wednesday.

At the appeal hearing earlier Thursday, Rodney Garratt, a lawyer for the Sauber team, said if van der Garde was reinstated, the team would be in breach of its contract with Nasr and Ericsson. But Judge David Beach asked Garrett which of the three contracts his client was prepared to breach.

Garrett also repeated to the court that because the cars are custom-fitted for each driver, there would not be enough time to reconfigure one of their Ferrari's to suit van der Garde before the start of Friday's practice session.

But Justice Whelan told the court that too much reliance was placed on safety concerns.

"No person is required to undertake any illegal or unsafe activity," Justice Whelan said. "These events are highly regulated. We proceed on the assumption that the regulators will ensure that all safety requirements are complied with."

Justice Whelan appeared exasperated at times with Garratt, repeatedly asking him why Sauber did not comply with the Swiss court's decision in December that Sauber's contract with van der Garde was valid.

Van der Garde's lawyers lodged papers with the court last Friday. The driver, who was a reserve with Sauber last season, claimed to have a contract for a race seat this season, but the financially-troubled team appointed Ericsson and Nasr as its drivers for 2015, with both bringing lucrative sponsorship backing.

In documents lodged with the court, van der Garde said he was guaranteed a spot on this year's Sauber team on June 28, 2014, but team bosses reneged on the deal.

"In early November 2014, Mr. van der Garde was informed by Sauber's chief executive officer, Ms. Monisha Kaltenborn, that Sauber's two seats had been given to other drivers and that, as a consequence, Mr. van der Garde would not have a place as a driver in the team in 2015," the documents said.

Van der Garde originally took his case to the Arbitration Institution in Switzerland, which ordered Sauber to keep him on the team.

"The respondent (Sauber) was ordered to refrain from taking any action the effect of which would be to deprive Mr. van der Garde of his entitlement to participate in the 2015 Formula One season as one of Sauber's two nominated race drivers," the court documents said.

Last Edit: Mar 13, 2015 18:01:34 GMT -6 by n7thGear™

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[saub]UPDATE:Van der Garde reaches agreement with Sauber.... Mar 12, 2015 5:06:06 GMT -6

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Post by Stigman on Mar 12, 2015 5:06:06 GMT -6

Since when did Australia become the final court of appeal for F1?? They can tell Sauber what they can and cannot do in Australia, but to suggest they can rule on who will be the Sauber driver (a Swiss team - the Swiss get very agitated when anyone from another country tells them what they can and cannot do) for races outside Australia? I think not. Sauber will forget to fuel his car in Melbourne and then change the locks for the rest of the season. VDG won't be driving an F1 car ever again is how I see it.

Lets see more of that Ricciardo smile!

n7thGear™ N7thGear n7thGear Heart broken over loss of my kitty Posts: 1,397 SIM Racing Titles you are playing in: Real Racing 3, Forza 5, Horizon 2, Project Cars, Grand Theft Auto 5, Formula 1 2014, Gran Turismo, Other RACE NUMBER:: 7 Favorite Racing Simulator or Game: So Far it is Forza 5 , Horizon 2 , F1 2014 & DTM Experience 2014 Do you enjoy Motorsport News?: Yes	[saub]UPDATE:Van der Garde reaches agreement with Sauber.... Mar 12, 2015 5:35:28 GMT -6 Quote Select Post Deselect Post Link to Post Member Give Gift Back to Top Post by n7thGear™ on Mar 12, 2015 5:35:28 GMT -6 Its getting ugly. Now the court could seize Sauber's assets and take action against Kaltenborn. Do you want to cover this 1?
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[saub]UPDATE:Van der Garde reaches agreement with Sauber.... Mar 12, 2015 5:51:47 GMT -6

Quote

Post by n7thGear™ on Mar 12, 2015 5:51:47 GMT -6

Formula One team Sauber faced contempt of court action on Thursday after failing to overturn an order that Giedo van der Garde must drive for them at the Australian Grand Prix.

If Sauber F1 Team does not cooperate and court hearing tomorrow goes south-- we could see bailiffs/sheriffs seizing the C34s

Giedo van der Garde's lawyers immediately launched another action in order to force the team to comply

Sauber Appeal Dismissed Faced Contempt of Court Giedo van der Garde must drive

Sauber Appeal Dismissed Faced Contempt of Court Giedo van der Garde must drive

In a fast-moving sequence of events, the Swiss outfit were told to hand over a list of their assets on Friday morning to ensure they comply with the court ruling.

Sauber earlier lost their appeal against a Victoria Supreme Court order forcing them to honour a deal with former reserve driver van der Garde.

Van der Garde claims Sauber reneged on an agreement that he would race for them this season when they opted for heavily sponsored drivers Felipe Nasr and Marcus Ericsson instead.

The legal row has badly disrupted Sauber's preparations for the new season, with their driver line-up still unknown and a fresh hearing pending as practice sessions start on Friday.

Jim Peters QC said Sauber had made no effort to reinstate van der Garde, and sought to seize the team's cars to ensure they complied with the court's ruling.

Justice Clyde Croft ordered Sauber to deliver details of their assets in Australia by 9:30 am (2230 GMT) on Friday, ahead of a contempt of court hearing.

Van der Garde originally won his complaint at a Swiss arbitration tribunal and on Wednesday Justice Croft backed the ruling, enforcing it in Australia.

Sauber's bid to overturn the decision was thrown out, with the three appeal court judges saying they saw "no error in the reasoning of the trial judge".

"We did not consider this course (the appeal) to be in the interest of justice," the judges said in a statement.

"The appeal is dismissed because we see no error in the reasons of the trial judge."

- 'No practical way' -

Sauber argued that it would be unsafe to let van der Garde drive in Sunday's race at such short notice, in unfamiliar cars which are specially tailored to their drivers.

"There is no practical way we can allow (and) facilitate Mr. van der Garde in this new C34 Ferrari which he has not previously raced," the team's lawyer Rodney Garratt told the appeal judges.

"The last time he did any competitive driving was in November 2013," he added.

It was not clear whether safety concerns will now weigh on whether van der Garde can drive ahead of Friday's official practice.

"These events are highly regulated. We proceed on the assumption that the regulators will ensure that all safety requirements are complied with," Justice Simon Whelan told the court.

Formula One's race director Charlie Whiting said that van der Garde did not hold the required super licence, but he did not rule out his ability to get one in time.

"All I'm saying is that there are procedures that are dealt with through the team, through the ASN (national sporting authority) of the driver concerned and the FIA in Geneva," Whiting told a news conference Thursday.

"The safety department in Geneva deal with that."

Van der Garde, 29, a reserve driver for Sauber last year who competed for Caterham in 2013, said he was keen to race and still enjoyed a good relationship with the team.

"I'm still in contact with a few engineers, a few mechanics, I've always had a very good relationship with them," he said outside the court.

"I don't see any problem with that, I think once we sit down and we start working together all the heads will be on one side and the only thing we'll want to do is perform together."

Sauber endured a poor season in 2014, failing to register a single point in 19 races.

But they showed encouraging speed and reliability in pre-season testing, with Nasr going fastest on the second day of the first test in Jerez.

Nasr and Ericsson won't vanish

Having invested heavily in Sauber, Ericsson and Nasr's backers will not go quietly into the night.

Banco do Brasil have already stated their intention to fight for Nasr's right to race should he be deposed in favour of van der Garde, while Ericsson's backers have already shelled out significant funds to keep the team afloat and expect to see a return on their investment.

The best-case scenario as things stand would be for the two drivers' sponsors to join forces and offer van der Garde a settlement in exchange for agreeing not to race.

Just how one might begin to quantify a suitable sum for damages when van der Garde cannot claim loss of income remains to be seen.

But what has become increasingly clear is that van der Garde - or his sponsors - are not interested in best-case scenarios. Speculation is rife that the timing of this attempt to force Sauber's hand is a hostile takeover bid in disguise.

Van der Garde's first successful judgment in the contract dispute came about in November 2014 in British courts. In early December, the 29-year-old Dutchman won a similar judgment against the team in the Swiss courts.
Timing of lawsuit is key

All then fell silent until earlier this month, when van der Garde elected to press his suit in the Victorian courts at precisely the time when it would cause the greatest possible embarrassment to his former employers.

A man solely seeking money would have used the momentum from the British and Swiss verdicts to push for a settlement in exchange for forgetting the existence of his pesky contract.

Had he wanted both money and exposure, the dead news period of the F1 off-season would have been the perfect time to dominate the sport-specific press while still allowing Sauber to continue with their preparations for the 2015 season.

The timing of van der Garde's suit was deliberate. Sauber is over a barrel, damned if it does race him and damned if it doesn't. As a racer, van der Garde has nothing to gain from forcing his way into a race drive with a team that doesn't want him.

Drivers can be kept in the garage for a multitude of credible reasons, especially given the complex nature of the current power units, which can take hours to fix when a simple seal goes wrong. And if it turns out there's a batch error affecting every seal supplied for van der Garde's car?

Sauber is going to have to have some very harsh words with its suppliers, for who can countenance being let down so publicly at the first race of the year?

By forcing Sauber to run van der Garde and in so doing destroy their relationships with one or other of the two sponsors whose funding kept the team alive over the winter, the Dutchman's backers are forcing the Swiss team into a corner.

There are options for escape, of course: declare bankruptcy and shut the team, throwing 300-plus people into unemployment, or sell up at bargain basement prices to protect the livelihoods of their loyal staff.

If they take the fire sale option? Marcel Boekhoorn may well be waiting in the wings to 'rescue' the team and provide his son-in-law with a race seat as per paddock speculation.

But who's to say that the backers of Ericsson and Nasr wouldn't be equally interested in buying a team at rock-bottom prices? A bidding war for the spoils of Sauber would be a delicious irony indeed.

The contempt action will now be heard by Justice Croft – who dealt with the original case - at 10:30am on Friday, just two hours before practice is due to start.

If he deems that Sauber is in contempt by not complying with the ruling, a sequestration order will probably follow. This could lead to the seizure of Sauber's assets in Australia, in other words the equipment it has in the paddock.

As a starting point the judge agreed to a request from van der Garde's lawyer to provide a full and detailed list of that equipment, and its location, by later tonight.

In addition, there could be action against Monisha Kaltenborn as a director of the company.

Van der Garde's lawyer even hinted in dramatic fashion that it could lead to prison – and then added that would be a last resort.

He also explained at length how the van der Garde camp had made a series of requests to Sauber – relating to the driver's passes, his overalls and so on – and none of it had been complied with.

He also referred to a press release issued by Sauber yesterday in which Kaltenborn raised safety concerns, saying that it was “clearly calculated to make it difficult for our client to participate.”

No issues with my superlicence, says Van der Garde

One of the biggest question marks concerns Van der Garde's superlicence, as the FIA has a process that has to be followed. The team has to apply via the driver’s national sporting authority, and Sauber has failed to do that.

It was revealed in court that Monisha Kaltenborn wrote to the Contracts Recognition Board last week to tell them that Van der Garde’s contract had been terminated back in February.

Oddly this letter came after the Swiss arbitration court judgement which said that the Van der Garde Dutchman should drive. That contract now has to be re-activated at the Contracts Recognition Board and any delay in this critical time period helps Sauber to stop van der Garde driving.
Was this a cunning tactic by Sauber?

The FIA has been thrown into the mix of it all and no one knows how cooperative FIA will be. There have been instances in the past where superlicence applications have been rushed through and Van der Garde is confident that his superlicence can be fast tracked.

“I think so, it’s just a bit of paperwork now,” he said after the court proceedings. “And Sauber has to help in filing it. So we’ll see in the next few hours what comes out. The good thing is it’s now early in Europe, so they’ll start working, and still have a whole day. That’s positive.”

He has already reached out to the Dutch authorities – the KNAF – who are ready to help.

“Yeah, we’re pushing already for the last few days. Everything is in place, everything is there, the application. I don’t see any issues with the paperwork on my side. Sauber just has to push it.”

Regarding his seat he said: “I don’t see any issue with it. Even if they don’t have my [2014] seat there, it’s done very quickly, in three hours you have a foam seat. I think the mechanics they know very well how to do it, so I don’t see any issue with that.”

But doubts remain about whether he will actually get a start behind the wheel, following Sauber's claim during the week that if he won the whole team would pull out of the multimillion-dollar event.

Outside court, a relieved Mr Van der Garde said he had been frustrated by the prolonged legal battle, likening it to racing.

"Sometimes you have a good race, sometimes you have a bad race."

He said he was ready this weekend, adding he had no problems working with Sauber despite their efforts to break their contract with him.

"I don't see any problem with that. I think once we sit down and start working together, all the hats will be on one side."

Justice Croft made it clear today that he's losing patience.

Anyone know what sponsors Nasr and Erisson has?

Last Edit: Mar 12, 2015 6:39:26 GMT -6 by n7thGear™

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[saub]UPDATE:Van der Garde reaches agreement with Sauber.... Mar 12, 2015 6:37:16 GMT -6

Quote

Post by Stigman on Mar 12, 2015 6:37:16 GMT -6

I can only add that this situation is foolish of VDG. He may win this little battle and actually drive the car in Melbourne, but I bet things will go very slowly on his pit stop and he may even find the car not full of fuel. At the moment Sauber cannot survive without the funding of Ericsson and Nasr and I suppose their funding depends on them sitting in the race seat.

It will be interesting to see Saturday morning who is in the cars. If it comes to the point of Australia seizing assets, I think you will find Bernie stepping in and settling things.

Lets see more of that Ricciardo smile!

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[saub]UPDATE:Van der Garde reaches agreement with Sauber.... Mar 12, 2015 6:44:07 GMT -6

Quote

Post by n7thGear™ on Mar 12, 2015 6:44:07 GMT -6

Mar 12, 2015 6:37:16 GMT -6 Stigman said:

I can only add that this situation is foolish of VDG. He may win this little battle and actually drive the car in Melbourne, but I bet things will go very slowly on his pit stop and he may even find the car not full of fuel. At the moment Sauber cannot survive without the funding of Ericsson and Nasr and I suppose their funding depends on them sitting in the race seat.

It will be interesting to see Saturday morning who is in the cars. If it comes to the point of Australia seizing assets, I think you will find Bernie stepping in and settling things.

We cross-posted "I know what I'm doing!".

I was just asking about the fundng that Nasr and Ericsson brings to the team. Do you have any idea? Besides McGregor clothing or something like that?

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[saub]UPDATE:Van der Garde reaches agreement with Sauber.... Mar 12, 2015 11:17:12 GMT -6

Quote

Post by Stigman on Mar 12, 2015 11:17:12 GMT -6

Oh sorry, I read that it's $10m each that they bring.

Now apparently VDG is trying to get Kaltenborn thrown in jail and is taking legal action against Ericsson and Nasr to bar them from going into the paddock.

Um, so is he planning on driving BOTH cars? Seriously, VDG has just signed the death warrant for his driving career. What a moron.

Lets see more of that Ricciardo smile!

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[saub]UPDATE:Van der Garde reaches agreement with Sauber.... Mar 12, 2015 21:22:41 GMT -6

Quote

Post by n7thGear™ on Mar 12, 2015 21:22:41 GMT -6

In this summons the GvanderGarde team of lawyers asks for Sauber F1Team boss Monisha Kaltenborn to be committed to prison or pay a fine.
The judge will decide later today whether or not that summons is issued and acted upon

summons

Last Edit: Mar 12, 2015 21:24:04 GMT -6 by n7thGear™

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n7thGear™ N7thGear n7thGear Heart broken over loss of my kitty Posts: 1,397 SIM Racing Titles you are playing in: Real Racing 3, Forza 5, Horizon 2, Project Cars, Grand Theft Auto 5, Formula 1 2014, Gran Turismo, Other RACE NUMBER:: 7 Favorite Racing Simulator or Game: So Far it is Forza 5 , Horizon 2 , F1 2014 & DTM Experience 2014 Do you enjoy Motorsport News?: Yes	[saub]UPDATE:Van der Garde reaches agreement with Sauber.... Mar 13, 2015 2:15:26 GMT -6 Quote Select Post Deselect Post Link to Post Member Give Gift Back to Top Post by n7thGear™ on Mar 13, 2015 2:15:26 GMT -6 Both sides are now talking and trying to come to some kind of agreement - so the threat of Sauber cars being seized is idle
	Last Edit: Mar 13, 2015 2:16:19 GMT -6 by n7thGear™ n7thGear™ "Like drivers in an endurance race, n7thGear goes for that extra mile"™ Audi Sport Team Joest FTW TWITCH TV "Racing is my life! Anything that happens before or after is just waitng! Well in between, life is not too bad either so here I am sharing it with you!" ~Andre Lotterer #JB17 #keepfightingmichael

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[saub]UPDATE:Van der Garde reaches agreement with Sauber.... Mar 13, 2015 17:59:43 GMT -6

Quote

Post by n7thGear™ on Mar 13, 2015 17:59:43 GMT -6

Giedo van der Garde has agreed not to take part in this weekend's Australian Grand Prix for Sauber, bringing an end to the legal troubles for now ahead of further talks with the team next week.

Van Der Garde reaches agreement with Sauber, will not race. "With respect to the interest of motorsport, and F1 in particular....

Sauber Formula One driver Marcus Ericsson;second practice session in Melbourne Au Photo Credit: AAP: Julian Smith

The Supreme Court of Victoria found that van der Garde was entitled to race this weekend, but without a superlicence he was unable to take part. Sauber then ran a risk of being in contempt of court, but Saturday's hearing led to a settlement in which van der Garde agreed not to pursue his right to drive.

"With respect to the interest of motorsport, and F1 in particular, I have decided to give up my legal rights to race this weekend at the Melbourne Grand Prix," he said in a statement. "As I am a passionate race driver this decision has been very difficult for me.

"However I also wish to respect the interest of the FIA, Sauber Motorsport, as well as Nasr and Ericsson.

"My management will continue talks with Sauber early next week to find a mutually acceptable solution for the current situation that has now arisen.

"I am confident such solution will be found and I will inform the media once done."

The team will now be able to travel to Malaysia without the worry of its assets being seized in Melbourne. It will have two weeks to come to a further agreement with van der Garde ahead of the next race.

Last Edit: Mar 13, 2015 18:12:21 GMT -6 by n7thGear™

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[saub]UPDATE:Van der Garde reaches agreement with Sauber.... Mar 13, 2015 22:50:37 GMT -6

Quote

Post by n7thGear™ on Mar 13, 2015 22:50:37 GMT -6

F1 Australian Grand Prix: Sauber responds as van der Garde drops legal case
Sauber says it will continue discussions with Giedo van der Garde to find a 'mutually acceptable solution' to its bitter legal feud.

“The Sauber F1 Team can confirm it has been able to agree with Mr. Giedo Van der Garde that he refrains from driving in the Australian Formula One Grand Prix so it can keep its original planning. The Sauber F1 Team, Mr. Van der Garde and his management will continue to have constructive talks in order to find a mutually acceptable solution.

“The Sauber F1 Team is here to race in the Australian Formula One Grand Prix and that is what the team is now focusing on. In the course of next week we will be able to give more information.”

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[saub]UPDATE:Van der Garde reaches agreement with Sauber.... Mar 22, 2015 12:23:38 GMT -6

Quote

Post by Stigman on Mar 22, 2015 12:23:38 GMT -6

I hope Sauber is making more from either of their new drivers than it has cost them to have VDG go away. Sauber should fire their lawyer though, for not putting a 'Keep Your Yap Shut' clause into the settlement agreement. VDG is yammering on to anyone who will listen what a shabby outfit Sauber is.

VDG will never drive another F1 car again. Hope it was worth it.

Last Edit: Mar 22, 2015 12:24:50 GMT -6 by Stigman

Lets see more of that Ricciardo smile!

title

Post by n7thGear™ on Mar 12, 2015 2:10:02 GMT -6

Post by Stigman on Mar 12, 2015 5:06:06 GMT -6

Post by n7thGear™ on Mar 12, 2015 5:35:28 GMT -6

Post by n7thGear™ on Mar 12, 2015 5:51:47 GMT -6

Post by Stigman on Mar 12, 2015 6:37:16 GMT -6

Post by n7thGear™ on Mar 12, 2015 6:44:07 GMT -6

Post by Stigman on Mar 12, 2015 11:17:12 GMT -6

Post by n7thGear™ on Mar 12, 2015 21:22:41 GMT -6

Post by n7thGear™ on Mar 13, 2015 2:15:26 GMT -6

Post by n7thGear™ on Mar 13, 2015 17:59:43 GMT -6

Post by n7thGear™ on Mar 13, 2015 22:50:37 GMT -6

Post by Stigman on Mar 22, 2015 12:23:38 GMT -6

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