Update: A Formula 1 Driver Has Just Sued His Way Onto The 2015 Grid

The atmosphere in the Sauber garage at this weekend’s F1 2015 season opener in Australia could be pretty awkward, after Giedo van der Garde won a court case against the Swiss outfit.

The Dutchman made his Formula 1 debut for Caterham in 2013 before joining Sauber as its reserve driver for the 2014 season. He launched legal action after claiming to have been unfairly dismissed from the team, saying he had a valid contract to race this year.

Sauber instead signed Marcus Ericsson and Felipe Nasr. The Arbitration Institution in Switzerland previously ruled in van der Garde’s favour and a hearing took place at the Victorian Supreme Court in Australia on Monday.

The verdict was given on Wednesday morning in Melbourne, saying van der Garde’s application to race in Australia was “successful and it will be enforced”. The driver’s lawyers said he is “ready, willing and able” to compete this weekend.

Sauber team principal Monisha Kaltenborn said:

“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. 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.”

It remains unclear as to whether van der Garde will replace Ericsson or Nasr on the Australian Grand Prix grid. Both also have a contract for 2015, so it seems no matter who races at Albert Park, one driver’s contract will be breached.

Here’s a tip for you, Sauber: don’t sign contracts for three drivers when there are only two race seats…

Update:

Justice Croft added that van der Garde’s right to the Sauber drive “applies to the whole of the 2015 Formula 1 Season — not just in relation to the coming few days in Melbourne for the Australian Grand Prix.”

Sauber has now launched an appeal against the decision. The court heard the team’s application on Wednesday afternoon and it will resume on Thursday morning.