The legal battle between Sauber and Giedo van der Garde will continue on Thursday , just 27 hours before the start of first practice for the season-opening Australian Grand Prix . Van der Garde was axed from his role as test driver at the end of last season as Sauber instead employed Marcus Ericsson and Felipe Nasr , both of whom brought considerable sponsorship . Van der Garde , though , claimed to have proof he was offered a race seat for 2015 and so took his case initially to an arbitration panel in Switzerland which recently ordered Sauber 'to refrain from taking action ' that would deny him a drive . Giedo van der Garde pictured outside the Supreme Court of Victoria in Melbourne on Wednesday . There followed a hearing at the Supreme Court in Victoria , Australia , on Monday , with Mr Justice Croft announcing at 10am local time on Wednesday he found in favour of the 29-year-old Dutchman . Sauber immediately appealed , and by 3.15pm three different judges in Justices Simon Whelan , David Beach and Anne Ferguson heard the case . That lasted just 45 minutes , however , with the appeal to be reheard from 9.30am local time on Thursday , allowing them the opportunity to weigh up overnight the merits of the case . Notably there is the fact Ericsson and Nasr have contracts with the team for this year , and are expecting to be in the cockpit on Friday , with the first practice session due to commence at 12.30pm local time . Following the initial verdict , and prior to the appeal , team principal Monisha Kaltenborn was left stunned by the decision , but vowing to do what was right for her two current drivers . Van der Garde leaves the court after a judge ruled that Sauber must let the driver compete in Melbourne . 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 can not 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 . ' By contrast , Van der Garde was naturally happy to have won the initial decision , although faces an anxious wait to see if it will be upheld on appeal . ' I 'm looking forward to going back to the team and we 'll work hard to do our best for this weekend , ' he said . Van der Garde driving for Sauber at the Italian Grand Prix last September . ' I 'm the fittest ever . I 've been training the last three months flat out . ' I still have a very good relation with the team , and I 'm looking forward to racing this weekend . ' Asked as to the other drivers , he replied : 'It 's up to them what they are going to do , and up to the team . It 's not my thing . ' I 'm happy we won the case . Now I 'm looking forward to getting back to business . '
the Supreme Court has appealed Sauber of Victoria 's ruling . A judge ruled that Giedo van der Garde can compete in Melbourne . The appeal will be reheard on Thursday , the day before first practice .