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Carsales Staff30 May 2014
NEWS

MOTORSPORT: Van Gisbergen court squabble lingers

Eighteen months after V8 Supercar driver Shane Van Gisbergen announced his exit from Stone Brothers Racing the fight over his services continues in the Federal Court

Documents still being lodged in Kiwi driver saga

The V8 Supercar Championship is in the midst of a five-week break, but rumbling on in the background is the legal fight over Shane Van Gisbergen’s services.

Twice this month (May) the case – in which Betty Klimenko’s Erebus Motorsport V8 has accused the New Zealand driver of unconscionable conduct, and he has made a counter-claim against Stone Brothers Racing, the predecessor of the Erebus team – has been in the Federal Court in Sydney.

It is next listed for court before Justice Jacobson on August 7.

The squabble has been going on about 18 months, has been in the court system almost a year, and in recent months the name of GT racing owner-driver Tony Quinn, whose businesses include VIP Petfoods and Darrell Lea confectionery, has appeared in some of the documents.

The case originates from Van Gisbergen’s announcement in November 2012 of his exit from Ford team Stone Brothers, seemingly to take time away from the sport just months after signing a three-year contract.

Then in January last year it was announced that Van Gisbergen was joining Jonathon Webb’s Tekno Autosports to drive a Holden while Stone Brothers was morphing into Erebus Motorsport V8 to field AMG Mercedes-Benzes.

Ten days after the announcement of Van Gisbergen joining Tekno a statement from Stone Brothers vented its anger at the way he had quickly resurfaced with another team. Stones said Van Gisbergen had signed a brief termination agreement with it in late 2012 under which he was not to test, practise or race any V8 Supercar in 2013 but that it freed him to do whatever he wanted from 2014.

Furious at him suddenly joining Tekno, Stones said: “SVG has explained his move on the basis of dissatisfaction with the direction in which SBR was heading. At no time during the termination process did SVG express any such dissatisfaction with SBR.”

In the court battle Erebus/Stones have demanded to see all correspondence between Van Gisbergen, his father Robert, and Tekno – and between the Van Gisbergens and Holden between June 1, 2012 and February 16, 2013.

The Van Gisbergens have demanded to see the full contract between Erebus and Stones regarding the change of ownership of that operation and its Racing Entitlement Contract (REC), the franchise under which it competes in V8 Supercar racing.

Although the content of the documents filed with the court by the parties is not easily visible publicly, there is no mention in the simpler court files that any demands have been made for damages by any party.

Van Gisbergen, who was fifth in the 2012 championship with Stones, repeated that effort with Tekno last year, winning two races and taking four pole positions.

This season he is sixth in the championship – behind Mark Winterbottom, Craig Lowndes, Fabian Coulthard, Jamie Whincup and James Courtney – with one win and a pole position. He also won three of the four non-championship V8 Supercar races at Melbourne’s Formula One grand prix in March.

Van Gisbergen said in February that the squabble had become “legal tennis”.

“I would love them to drop it,” he told News Ltd.

“I actually asked them to apologise to me for all of this and they want me to apologise to them.

“I would love to get in a room and just sort it out, but they don’t work like that.

“It has become legal tennis and it just keeps on going.”

Van Gisbergen said the only dealing he’d had with Betty Klimenko was at February’s Bathurst 12-Hour GT race, where he shared a McLaren MP4 12C with Quinn, his son Klark and Scottish driver Andrew Kirkaldy against a field that included Klimenko’s pair of Mercedes-Benz SLS AMGs.

“She came up with a hat and asked me to sign it – it was weird,” Van Gisbergen said.

“I can’t say what I said to her, but I ended up signing the hat, only because it was for charity.

“Hopefully it will all be worked out soon.”

More than three months later it still isn’t.

Incidentally, Tekno has an open day at its workshop at Stapylton in south-east Queensland this Sunday, June 1, from 10am to 2pm, offering fans the chance to see its operation and chat to Van Gisbergen, Webb, team manager Steve Hallam and other crew members.

Eyes on Dick Johnson Racing too

There is also once again focus on Dick Johnson Racing, based near Tekno at Stapylton.

DJR is interested in fielding a third Falcon at the Bathurst 1000, raising speculation about whether it might be connected to legendary American team owner Roger Penske.

The car would be that crashed by DJR driver David Wall at Pukekohe in New Zealand in April, and DJR manager Ryan Story has alluded to Kiwi teenager Andre Heimgartner as a potential driver.

June 30 is the deadline for wildcard entries that would boost the Bathurst field beyond the usual 25-car grid this season.

The 77-year-old Penske, winner of a record 15 Indianapolis 500s as a team owner and NASCAR’s Sprint Cup two years ago, has been looking at whether to get involved in V8 Supercar racing as a way to promote his Australian trucking business.

A decision could be announced soon now that this year’s Indy 500 is over – won last Monday, Australian time, by American driver Ryan Hunter-Reay for Andretti Autosports.

Among several options for Penske in Australia would be to take over DJR, which has battled for survival for several years.

One of DJR’s sponsorships has been the subject of controversy in Melbourne outer eastern suburbs lately.

Letters in the Knox Leader newspaper have complained about the silver partner sponsorship of the team by the Knox Transfer Station, which reportedly charges $30 to empty a bootload of general waste from a small car, $70 for a small trailer of waste and $175 for a heaped tandem trailer.

The transfer station’s general manager Garry Higgs has declined to comment on whether those fees would be cheaper if it was not paying DJR sponsorship.

He said the sponsorship was the station director’s decision as a tribute to his younger brother.

“His little brother Robert was a passionate Dick Johnson fan. Tragically his life was taken away from this wonderful earth 20 years ago at Bathurst, when he was hit by a drunk driver on the track,” Higgs said.

It has been stated that the transfer station does not receive any ratepayer funds from the Knox Council.

IndyCars in Detroit – with Aussies feuding

Another round of the IndyCar championship is being held this weekend in Detroit, Penske’s base.

His Australian driver, Will Power from Toowoomba, is second in the championship – 40 points behind Hunter-Reay.

Power led the Indy 500 twice for 22 laps – slightly more than 10 per cent of the classic – but finished eighth and angered fellow Aussie and former teammate Ryan Briscoe.

Sydneysider Briscoe, driving for Chip Ganassi Racing, had worked his way from 30th at the start into the top 10 with seven laps remaining when he said Power “just completely drove me to the grass and chopped me and broke my front wing”.

“It was dangerous driving and I just can’t believe he didn’t get a penalty or anything,” said Briscoe, who wound up 18th.

Ambrose’s preference is to stay in US

Australia’s NASCAR racer Marcos Ambrose wants to remain in America for a 10th season next year.

The 2003-04 V8 Supercar champion is thought to have been close to a return to Australia a couple of times, and in recent months his name has been linked to any Penske entry into the Australasian series.

However, he said he was keen for a fifth year with the team of the sport’s most legendary figure, Richard “The King” Petty – winner of a record 200 races but whose team has had modest results in recent seasons and barely survived a crisis a couple of years ago.

“Petty’s team is mired in mediocrity. Ambrose’s car is 19th in the points, while teammate Aric Almirola’s is 21st,” American motorsports reporter Curt Cavin wrote this week ahead of the 13th Sprint Cup round at Dover, Delaware.

Petty, who was associated with Dodge for most of his career but has campaigned Fords since 2010, has been looking at changing brands again.

He is believed to have had talks with Toyota and even said recently, jokingly it is thought, that “I’ve been talking to Volkswagen”.

Ambrose said recently at Charlotte, North Carolina, the centre of NASCAR racing: “I do anticipate racing in the US [next year]. There are a lot of changes in the midst at RPM and I’m part of that. I have to renew my contract with them, but I’m gonna do whatever I can to get Richard Petty where he wants to go and his whole company.

“We have a great opportunity at Richard Petty Motorsports to improve the situation. I think they’re in a great position. They’ve got choices … and I’m sure they’ll make the right choices.”

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