And this is what happened at 5:30am ish uk time over in Oz. Again from @AdamCooperF1
Back in court again! Action about to kick off @GvanderGarde wasn't here this AM but he is now
Whatever happens the superlicence is going to be a bit of a problem, simply the logistics of getting it done. FIA has a process to follow
Appeal is dismissed - so @GvanderGarde has won
So VDG wins, and now we wait and see what happens next...
Legal saga continues - @GvanderGarde is to about to apply for an enforcement of the order, to ensure @SauberF1Team to complies...
As we wait for the next step @GvanderGarde tells me: "Sauber has to work with us now. There is no other issue"
This next step will basically give @GvanderGarde extra legal ammunition to make sure that Sauber can't ignore the judgement
Meanwhile @GvanderGarde tells me he's pretty confident that the superlicence can be fast tracked. He's been in touch with the Dutch ASN
The team has to apply via the driver's ASN, so at least at the Dutch end of things it will happen quickly...
So the next step starts - a new judge appears. Legal process works quickly in Australia!
The new action from @GvanderGarde names Monisha Kaltenborn personally in addition to the team. A 'freezing order' and contempt mentioned
'@GvanderGarde's lawyer talking of "potential sequestration of @sauber's assets and committal of its directors" if team doesn't comply
'@GvanderGarde lawyer refers to press release yesterday in which M Kaltenborn raised safety concerns
VDG lawyer: Kaltenborn statement "was clearly calculated to make it more difficult for our client to participate"
Re Monisha Kaltenborn @GvanderGarde lawyer mentions prison - but acknowledges that it would be a last resort...
'@GvanderGarde lawyer on @SauberF1Team delaying tactics: "One gets the feeling that there's a little bit of Yes Minister going on here"
'@GvanderGarde lawyer requesting full list of @SauberF1Team's assets in Australia as a first step to potential sequestration
And Justice Croft agrees and asks @SauberF1Team to provide list of assets, ie the equipment that's here in the paddock
Court proceedings will continue tomorrow at 1030am, ie two hours before practice starts. And so the saga continues...
To clarify what's happening, @GvanderGarde has filed a Contempt of Court Application to force @SauberF1Team to comply with the order
If @SauberF1Team hasn't taken steps by 1030am Friday to comply and allow @GvanderGarde to drive, sequestration orders could follow
And then we get into potential seizing of the @SauberF1Team assets in the paddock and action against Monisha Kaltenborn as a director
It was revealed today that in applying for the appeal @SauberF1Team had asked for it to be heard next week - after the race! Nice try
And from @kate_jones7
BREAKING: @SauberF1Team has LOST its appeal. It means Giedo van der Garde should be allowed to race in #F1 GP this weekend. #7NewsMelb
#F1 Court: Judges say 'no practical injustice demonstrated' so decision of court & Swiss court stands. Not convinced by Sauber's arguments.
#F1 Court: Sauber has also been ordered to pay van der Garde's legal costs.
#F1 Court: Even though van der Garde has been given green light to race, it's unclear whether it will happen, since practice starts tomorrow
Appeal is over but we're back in court for new matter: Giedo van der Garde against @SauberF1Team for breach of contract #F1 @SCVSupremeCourt
#F1 Court: Justice Croft, who made yesterday's judgment, is back on the bench. Van der Garde's lawyer says Sauber has flouted his order.
#F1: Seems it's not a breach of contract alleged but contempt of court, for ignoring court order. Against Sauber & CEO Monisha Kaltenborn.
#F1: lawyer claims Sauber is in contempt of court order because it's refused to take steps to allow van der Garde to race despite judgment.
#F1: van der Garde's lawyer has accused Sauber of trying to drag out the case beyond race day. It wants a freeze on Sauber's assets in Aust.
#F1: Judge asked straight out whether Sauber intends to comply with order. Lawyer said it will, but refused to say what it's done so far.
Haven't had a chance to look at it, but there is video of the appeal and the judgement.
Appeal -
http://scv2.webcentral.com.au/sentences/coa_sms_v_gvdg_12mar15_v2/index3.html?
Judgement -
http://scv2.webcentral.com.au/sentences/judgment_vdg_v_sm_11mar15/index.html