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PostPosted: Wed Mar 11, 2015 2:04 am 
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RtN wrote:
Giedo wins.


Not a phrase we'll ever be seeing in f1 again, probably :lol:

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PostPosted: Wed Mar 11, 2015 2:10 am 
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Ian-S wrote:
Contempt of Court is generally when you tell the judge you think he's a C U Next Tuesday!, but in some jurisdictions when you wilfully ignore a Court Order, it depends what the Court has ordered as to what will/can happen, at worst they'll be fined, since they likely will have no-one to jail. The Judge could also refuse their appeal scuppering that avenue (probably quiet likely since the case has foundation in another jurisdiction and they've already lost there).

This is all starting to cast F1 in a bad light, I can hear Bernie shuffling uncomfortably in his chair as we speak.

Kals is correct though, this only applies to Australia (and Switzerland obviously), if VdG carries this on too long nobody will want to do business with him and he will have screwed his career.


?

adamcooperF1 wrote:
BTW deep in the final judgement Justice Croft says the decision applies "to the whole of the 2015 season," not just Australia


As all countries that will host a Formula 1 race this season are signatories of the New York Convention on Arbitration, it should be extremely simple for GvdG to use his success here to guarantee the award everywhere else.

---------------------------------------

Cooper again spells it in black and white.

https://twitter.com/adamcooperf1/status ... 9260017665

The Court has ordered Sauber to run GvdG as a driver this weekend.

What happens in Australia if a court order is disobeyed?

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Last edited by RtN on Wed Mar 11, 2015 2:12 am, edited 1 time in total.

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PostPosted: Wed Mar 11, 2015 2:12 am 
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So the season hasn't started yet and already we have some bs.

F1 :roll:


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PostPosted: Wed Mar 11, 2015 2:15 am 
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RtN wrote:
What happens in Australia if a court order is disobeyed?


I'm imagining an on-track police chase, trying to confiscate the Sauber cars.


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PostPosted: Wed Mar 11, 2015 2:26 am 
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Fabs wrote:
So the season hasn't started yet and already we have some bs.

F1 :roll:


In fairness this is all on Sauber. Sounds like someone somewhere has been a colossal dipshit.


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PostPosted: Wed Mar 11, 2015 2:44 am 
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Sauber are now appealing and the appeal will be heard at 3:15pm Melbourne time today.

Not sure on what grounds considering how the first verdict pretty much demolished their arguments, but there you go.

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PostPosted: Wed Mar 11, 2015 1:14 pm 
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StanV wrote:
RtN wrote:
What happens in Australia if a court order is disobeyed?


I'm imagining an on-track police chase, trying to confiscate the Sauber cars.


It has happened a few times in the 1970s and 1980s with the 1989 Osella team and a team (RAM?) at the 1976 German Grand Prix as well.


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PostPosted: Wed Mar 11, 2015 1:17 pm 
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RtN wrote:
What happens in Australia if a court order is disobeyed?


The party who has lost out (D. Vdg) can pursue compensation....

I think like any organisation, Sauber will have a retrenchment payment. So, if he is sacked, they pay him X amount. This is the most likely situation that would occur.


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PostPosted: Wed Mar 11, 2015 1:24 pm 
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In the event GvdG actually gets his seat back, does he have good relations with the team?

If we disregard the higher-ups/lawyers that are giving him shit in court, what about the actual guys that he'll have to work with on-track?


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PostPosted: Wed Mar 11, 2015 1:29 pm 
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coldtyre wrote:
In the event GvdG actually gets his seat back, does he have good relations with the team?

If we disregard the higher-ups/lawyers that are giving him shit in court, what about the actual guys that he'll have to work with on-track?



He claims he had a good relationship with the mechanics. But I wonder how that relationship remains if he wins and because of that Sauber collapses. The real person they should be mad at is Kalterborn but still.

Reports from Switzerland claim the workers dislike Kaltenborn.


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PostPosted: Wed Mar 11, 2015 1:33 pm 
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I'm pretty sure this situation would never have had happened with Peter Sauber at the helm. They distroy his name now..


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PostPosted: Wed Mar 11, 2015 1:34 pm 
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RtN wrote:
As all countries that will host a Formula 1 race this season are signatories of the New York Convention on Arbitration, it should be extremely simple for GvdG to use his success here to guarantee the award everywhere else.


If that were the case then there was no need for the Australian trial, all he had to do was apply to the Court to enforce the Swiss Judgement, GvdG didn't do that as far as I know.

Even so, you still need to apply to a Court to enforce a foreign Judgement, it's not as simple as turning up with Bailiffs in a foreign state and taking what is yours.

RtN wrote:
What happens in Australia if a court order is disobeyed?


Fine or 2 years jail.
Jail usually only applies if the Judgement is made against a person.

As this is a company, it will probably be a huge fine, which the Australian Judiciary will be waiting a long time for.


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PostPosted: Wed Mar 11, 2015 1:38 pm 
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siggy wrote:
I'm pretty sure this situation would never have had happened with Peter Sauber at the helm. They distroy his name now..


He might also be in a position where he had to take on 2 paydrivers to survive but I'm sure he'd handle it better.
Manor and Glock managed to part their ways even though Glock had a contract. But Glock did understand the team needed money to survive.


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PostPosted: Wed Mar 11, 2015 1:40 pm 
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siggy wrote:
I'm pretty sure this situation would never have had happened with Peter Sauber at the helm. They distroy his name now..


Who said it was Monisha who signed the drivers...

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PostPosted: Wed Mar 11, 2015 3:26 pm 
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In brazillian soccer, any team that goes to normal court, gets excluded. Fia should have their own court.


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PostPosted: Wed Mar 11, 2015 3:46 pm 
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Soul Reaver wrote:
In brazillian soccer, any team that goes to normal court, gets excluded. Fia should have their own court.

But in fact, the brazilian soccer rules are almost never really applied lol... Well anyway, it would be a different case though, the soccer rule is for the teams going into normal court against the sports court decisions, now we are talking about a driver going into a normal court against a team, it's a completelly different configuration, of course there's the name of the series being involved, but it's completelly different. To be honest, I think it's something good to happen, if Giedo had a valid contract and he felt his rights were hurt, he has to claim for justice to be made. Cases like that and if Giedo still wins after the Sauber appeal, helps the sport, as it shows the contract value and how important it is to respect this contract.

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PostPosted: Wed Mar 11, 2015 3:47 pm 
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Monisha could put laxatives in van der garde meals so he could not be "physically fit" for the race

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PostPosted: Wed Mar 11, 2015 4:29 pm 
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But what a bad contract creator Sauber is then.


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PostPosted: Wed Mar 11, 2015 4:57 pm 
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phil1993 wrote:
siggy wrote:
I'm pretty sure this situation would never have had happened with Peter Sauber at the helm. They distroy his name now..


Who said it was Monisha who signed the drivers...


Doesn't matter, she's the boss. Ultimately it falls on her.


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PostPosted: Wed Mar 11, 2015 5:04 pm 
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She's the boss, yes, but she reports to the Sauber board.

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