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Court rules in favour of Van der Garde

NEWS STORY
11/03/2015

The Supreme Court of Victoria finds in favour of Dutch driver Giedo Van der Garde as he bids to secure Sauber seat for season opener.

The Dutchman had claimed that the Swiss team reneged on a deal to give him a race seat this season, and while Sauber has not offered the greatest defence in terms of his claim it has instead argued that not having driven the car, or even had a seat moulded to his shape, putting him in the car for the weekend constitutes a danger to Van der Garde and other drivers.

Having announced on Monday that he was deferring his ruling until today, this morning Justice Clyde Croft, revealed: "The application is successful and will be enforced".

The ruling upholds the decision of the Arbitration Institution in Switzerland, which ordered that Sauber should not take any action to prevent Van der Garde from driving for it.

Speaking to reporters following today's ruling, a delighted Van der Garde insisted he is fit and ready to drive.

"I'm very fit and very strong," he said. "I'm looking forward to going back to the team and we'll work hard to do our best for this weekend. I still have a very good relation with the team. I'm looking forward to racing this weekend."

The feeling was not mutual. In a brief statement, Sauber said:

After the application defended by Sauber on Monday, March 9, the outcome is unfortunately not as expected.

"We are disappointed with this decision and now need to take time to understand what it means and the impact it will have on the start of our season," said team boss Monisha Kaltenborn, herself a lawyer. "What we cannot do is jeopardise the safety of our team, or any other driver on the track, by having an unprepared driver in a car that has now been tailored to two other assigned drivers."

The Swiss team subsequently appealed the ruling, and a decision is expected on Thursday morning.

Sauber's nominated drivers Marcus Ericsson and Felipe Nasr both bring vital sponsorship to the Swiss team, consequently if either is forced to stand aside for Van der Garde this could cause its own problems.

In terms of safety, despite Sauber's plea that Van der Garde, not having driven the car, constitutes a danger to himself and other drivers, what about Will Stevens and Roberto Merhi at Manor, neither of whom has driven the car.

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READERS COMMENTS

 

1. Posted by fatlass123, 11/03/2015 15:51

"Maybe the bigger picture here is about who controls the team now! And who will control it in the future?

Hostile take over maybe!"

Rating: Neutral (0)     Rate comment: Positive | NegativeReport this comment

2. Posted by scf1fan, 11/03/2015 14:02

"Sorry, I just have to say this . . .

". . . said team boss Monisha Kaltenborn, herself a lawyer."

THERE is what appears to be the problem!!! How many other "team principals" are lawyers?"

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3. Posted by Rock Doc, 11/03/2015 14:00

"I love the F1 circus. when the action on teh track is slow or predictable then the action behind the scenes pops up for some classic F1 moments. Crashgate, photocopying other car plans they are all fun to watch.

I thought this one would end quickly. If he is serious about Fq then he should walk away and show what he can do. But forcing a drive is probably not the best carrer move.

It's going to be fun to see how this all works out. But what about Sutil, didn't he also have a contract for 2015.

It gets better and better."

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4. Posted by kiwi2wheels, 11/03/2015 13:16

"@ nonickname

Kaltenborn's " results " while " managing " Sauber have give credence to your quote !"

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5. Posted by Hobgoblin, 11/03/2015 10:56

"I don't doubt that what you say is true, but his reputation will suffer because of this - not Sauber's - and he will suffer for it."

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6. Posted by Editor, 11/03/2015 9:46

"Don't think they've got the "financial package" with which to pay him.

Fact is drivers such as Giedo will no doubt have provided money even for a test role and in return promises will have been made.

Also, if he was promised a deal in 2015 - which Sauber doesn't appear to deny - he will have turned down other offers."

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7. Posted by BWesty, 11/03/2015 9:41

"This is crazy, who would want to work for a company that does not want you...??? he should rather have quietly taken a financial package and walked away, if you are seen to be fighting "The Man", or in this case "The Woman" nobody in the paddock will ever hire you.... in my humble opinion, this was not a very smart, by a seemingly smart driver... it could cost him his F1 future."

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8. Posted by Hondawho?, 11/03/2015 9:01

"Looks as if we have entertainment again, albeit in the court rooms of the world! Interesting turn of events."

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9. Posted by Hobgoblin, 11/03/2015 8:20

"Seems a bit daft to me. There will be no goodwill from the team to him, all the effort will go to the other car and eventually he will be seen as no good - no matter how good he actually is. After that, who would hire him?
Look how well Piquet Jr fared..."

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10. Posted by nonickname, 11/03/2015 8:14

"Got to be really evil and ask,who was it that said, "They should wear white and stay in the kitchen'?
Sorry to all.
"

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