Sauber court crisis deepens as equipment could be seized by bailiffs if contempt of court is ruled.
An Australian judge will make a decision this afternoon about whether the Sauber team’s equipment is to be seized by the court – and if team boss Monisha Kaltenborn is to be punished either with a prison term, or a fine.
If Justice Croft decides that an offence of contempt of court had been committed – in other words that the team has not complied with the order to not do anything that would prevent Giedo van der Garde from racing – then the summons would be issued and acted upon.
The team did not run its cars in free practice one in Melbourne, despite Felipe Nasr and Marcus Ericsson sitting in them for an hour in the garage. Van der Garde was present at the track also, but not in the Sauber garage apart from a seat fitting this morning.
The summons, addressed to Sauber Motorsport and Kaltenborn, reads as follows:
“You are summoned to attend before the Court on the hearing of an application by the Applicants for the following declarations and orders:
1. A declaration that Sauber Motorsport AG is guilty of contempt of Court as particularised in the accompanying Statement of Charge, for failure to comply with paragraph 2 of the Order of the Honourable Justice Croft made on 11 March 2015 (the 11 March Order).
2. That Monisha Kaltenborn-Narang be punished for the contempt committed by Sauber Motorsport AG, by committal to prison for a period to be determined by Court or, in the alternative, by a fine of an amount to be fixed by the Court.
3. That Stewart Alexander McCallum, Peter Damien McCluskey, James Henry Stewart and Brendan John Richards (the Sequestrators) be appointed as sequestrators of all the real and personal estate of Sauber Motorsport AG situated in the State of Victoria.
4. An order that each of the Sequestrators, or any two or more of them, are authorised and directed to:
(a) enter upon and take possession of the real and personal estate of Sauber Motorsport AG; and
(b) collect, receive and get into their hands the rents and profits of the real and personal estate of Sauber Motorsport AG; and
(c) keep them under sequestration in their hands until Sauber Motorsport AG complies with the Order of the Honourable Justice Croft made on 11 March 2015 or until further order.
5. An order that the remuneration of the Sequestrators be such remuneration as shall be fixed by the Court.
6. The costs of this application be paid by Sauber Motorsport AG on an indemnity basis.”