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 Monster Energy takes Whincup to court
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Zac
Lumberjack



Australia
7536 Posts
joined 24 Dec 04

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Posted - 11 Mar 2013 :  18:31:59  Show Profile Send Zac a Private Message  Reply with Quote Copy this URL to Link to this Reply
My guess (and that's all it is) is that Red Bull and 888 will pay out Monster on Jamie's behalf up to an agreed amount. All parties (JW, 888, Red Bull and Monster) seem to be reasonable in their wish to resolve the dilemma. These things do have a habit of turning ugly, though.
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Trickyonne
Sex God



Vatican City
12740 Posts
joined 13 Apr 03

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Posted - 11 Mar 2013 :  18:45:19  Show Profile Send Trickyonne a Private Message  Reply with Quote Copy this URL to Link to this Reply
quote:
Originally posted by Zac

My guess (and that's all it is) is that Red Bull and 888 will pay out Monster on Jamie's behalf up to an agreed amount. All parties (JW, 888, Red Bull and Monster) seem to be reasonable in their wish to resolve the dilemma. These things do have a habit of turning ugly, though.



yeah reading between the lines thats what i made of it too

Im kind of a big deal
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64XM8
Transporter Driver



Australia
80 Posts
joined 22 Oct 11

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Posted - 11 Mar 2013 :  19:54:28  Show Profile Send 64XM8 a Private Message  Reply with Quote Copy this URL to Link to this Reply
looks like Roland should take the 'sole director' of Whincup Motorsport to court !
It will be interseting to see what happens
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Muz
Team Manager



Australia
5559 Posts
joined 06 May 08

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Posted - 11 Mar 2013 :  23:26:44  Show Profile  Visit Muz's Homepage Send Muz a Private Message  Reply with Quote Copy this URL to Link to this Reply
quote:
Originally posted by 64XM8

looks like Roland should take the 'sole director' of Whincup Motorsport to court !
It will be interseting to see what happens



Why? For executing a contract in good faith? For delivery Triple 8 numerous championships? For attempting to resolve a sponsor clash to ensure the betterment of Triple 8 as a team?


McLaughlin later described the final corner: "I don't know what happened there. I just plucked it in first, gave it some jandal and **** yeah!"
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oldtimer
Team Manager



1544 Posts
joined 19 Jun 11

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Posted - 12 Mar 2013 :  01:28:09  Show Profile Send oldtimer a Private Message  Reply with Quote Copy this URL to Link to this Reply
There was never any chance that Monster could have stopped any driver unless they were the Team sponsor.

All Monster could possibly have contracted a driver is on the driver's personal space i.e. the helmet.
The worst that could happen to Jamie was that Monster could get a payment as damages or the courts could have insisted that he wear the Monster Logo, or more likely, a court could order that he could not use that helmet space to advertise anyone else. Check his helmet.

It's nothing to do with Roland or 888, although they may have helped find a solution.
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Kieron302
Team Manager


Australia
5530 Posts
joined 14 May 03

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Posted - 12 Mar 2013 :  01:28:46  Show Profile Send Kieron302 a Private Message  Reply with Quote Copy this URL to Link to this Reply
Danes letter. -

"This is to confirm that Triple Eight and Jamie Whincup are both working together to ensure that the existing JW Monster Energy contract is terminated.
Regardless, both Triple Eight and Jamie Whincup can hereby confirm that Jamie will, barring normal Force Majeure circumstances, be driving for the Triple Eight V8 Supercar team in years 2013 and 2014. Jamie can also confirm that he will not be sponsored by Monster Energy during that time."


Given the above, it's reasonable to say RB didn't want JW to continue his agreement with Monster and both RD and JW presumed they could get out of it and essentially lied to RB in order to smooth the path for RB $$.


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oldtimer
Team Manager



1544 Posts
joined 19 Jun 11

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Posted - 12 Mar 2013 :  09:50:30  Show Profile Send oldtimer a Private Message  Reply with Quote Copy this URL to Link to this Reply
quote:
Monster vs Whincup showdown nearing conclusion
Tuesday 12th March, 2013 4:14am
Author: SpeedCafe ©

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Jamie Whincup competing with Red Bull Racing Australia at the Clipsal 500

The contract dispute involving V8 Supercars star Jamie Whincup and rival energy drink sponsors Monster and Red Bull is almost at an end, with the matter currently before the New South Wales Supreme Court.

Whincup was put in a difficult position last August when his Triple Eight team announced that Red Bull would replace its long-time naming rights sponsor Vodafone in time for the 2013 season.

Whincup has been a Monster sponsored driver since 2009, signing a fresh three-year personal sponsorship deal with the firm in March of 2012.

Whincup participated in last month’s pre-season test at Sydney Motorsport Park and the recent Clipsal 500 Adelaide devoid of Monster branding despite the company applying for an injunction against him doing so.

Court documents reveal that the injunction hearing took place on the very day of Red Bull Racing Australia’s team launch in Sydney.

The injunction was dismissed largely on the testimony of Triple Eight managing director Roland Dane, who stated that Whincup would have been sidelined for the test and the Clipsal 500 had he been made to display Monster branding ahead of this week’s hearing.

Dane’s affidavit also underlined the probability that Whincup would have been benched for the entire season had the injunction been granted, arguing that missing the opening round would have ruled his driver out of the championship fight.

Whincup currently sits second to Red Bull Racing Australia team-mate Craig Lowndes in the V8 Supercars Championship standings after the Adelaide event.


http://www.speedcafe.com/2013/03/12/monster-vs-whincup-showdown-nearing-conclusion/

As we now know it is now before the Court, we aren't allowed to comment.
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shr
Team Manager


Australia
2530 Posts
joined 02 Feb 07

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Posted - 12 Mar 2013 :  11:13:40  Show Profile Send shr a Private Message  Reply with Quote Copy this URL to Link to this Reply
quote:
Originally posted by Kieron302

Danes letter. -

"This is to confirm that Triple Eight and Jamie Whincup are both working together to ensure that the existing JW Monster Energy contract is terminated.
Regardless, both Triple Eight and Jamie Whincup can hereby confirm that Jamie will, barring normal Force Majeure circumstances, be driving for the Triple Eight V8 Supercar team in years 2013 and 2014. Jamie can also confirm that he will not be sponsored by Monster Energy during that time."


Given the above, it's reasonable to say RB didn't want JW to continue his agreement with Monster and both RD and JW presumed they could get out of it and essentially lied to RB in order to smooth the path for RB $$.




Nice try but you have no idea.
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Muz
Team Manager



Australia
5559 Posts
joined 06 May 08

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Posted - 12 Mar 2013 :  11:16:12  Show Profile  Visit Muz's Homepage Send Muz a Private Message  Reply with Quote Copy this URL to Link to this Reply
I highly doubt that anything said on this forum will jeapoardise anything in the courts, so we can still comment. I would say that if anyone in the know has information, then perhaps they should refrain from speaking.

McLaughlin later described the final corner: "I don't know what happened there. I just plucked it in first, gave it some jandal and **** yeah!"
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AlbertM
Crackpot



12148 Posts
joined 15 Jan 03

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Posted - 12 Mar 2013 :  15:34:20  Show Profile  Visit AlbertM's Homepage Send AlbertM a Private Message  Reply with Quote Copy this URL to Link to this Reply
Nice bluff Dane pulled to stop the injunction. Yeah he really was going to bench JW. LOL!

The only people mad at you for speaking the truth are those living a lie.

_Mford
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Kieron302
Team Manager


Australia
5530 Posts
joined 14 May 03

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Posted - 12 Mar 2013 :  18:18:58  Show Profile Send Kieron302 a Private Message  Reply with Quote Copy this URL to Link to this Reply
quote:
Originally posted by shr

quote:
Originally posted by Kieron302

Danes letter. -

"This is to confirm that Triple Eight and Jamie Whincup are both working together to ensure that the existing JW Monster Energy contract is terminated.
Regardless, both Triple Eight and Jamie Whincup can hereby confirm that Jamie will, barring normal Force Majeure circumstances, be driving for the Triple Eight V8 Supercar team in years 2013 and 2014. Jamie can also confirm that he will not be sponsored by Monster Energy during that time."


Given the above, it's reasonable to say RB didn't want JW to continue his agreement with Monster and both RD and JW presumed they could get out of it and essentially lied to RB in order to smooth the path for RB $$.




Nice try but you have no idea.



and you do?

It's fairly simple, Dane wrote a letter stating it was sorted with Monster. Clearly it isn't. Tell me how that logic fails rather than posting worthless **** like that.
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Joss
V8 Champion



1452 Posts
joined 20 Dec 09

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Posted - 12 Mar 2013 :  21:13:38  Show Profile Send Joss a Private Message  Reply with Quote Copy this URL to Link to this Reply
quote:
Dane’s affidavit also underlined the probability that Whincup would have been benched for the entire season had the injunction been granted, arguing that missing the opening round would have ruled his driver out of the championship fight.

Honestly, that's a bit thin. If there was one driver who could miss a round of the championship and still win the title, it's Jamie Whincup.

_Mford
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Muz
Team Manager



Australia
5559 Posts
joined 06 May 08

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Posted - 12 Mar 2013 :  21:34:49  Show Profile  Visit Muz's Homepage Send Muz a Private Message  Reply with Quote Copy this URL to Link to this Reply
quote:
Originally posted by Joss

quote:
Dane’s affidavit also underlined the probability that Whincup would have been benched for the entire season had the injunction been granted, arguing that missing the opening round would have ruled his driver out of the championship fight.

Honestly, that's a bit thin. If there was one driver who could miss a round of the championship and still win the title, it's Jamie Whincup.



How do you figure that? Sure he did it in 2008, but a lot can happen in sport, especially motorsport that can derail even the best planned campaign.

That isn't even a good legal argument, so no it isn't a bit thin, it is contractually accurate.

McLaughlin later described the final corner: "I don't know what happened there. I just plucked it in first, gave it some jandal and **** yeah!"
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64XM8
Transporter Driver



Australia
80 Posts
joined 22 Oct 11

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Posted - 12 Mar 2013 :  21:40:31  Show Profile Send 64XM8 a Private Message  Reply with Quote Copy this URL to Link to this Reply
quote:
Originally posted by Muz

quote:
Originally posted by 64XM8

looks like Roland should take the 'sole director' of Whincup Motorsport to court !
It will be interseting to see what happens



Why? For executing a contract in good faith? For delivery Triple 8 numerous championships? For attempting to resolve a sponsor clash to ensure the betterment of Triple 8 as a team?




For starters if you believe a while ago, Dane told Whincup and Lowndes not to renew or start new personal sponsors (this was around the time Vodafone were initially on the out), Whincup Motorsports pty Ltd went ahead anyway. Surely this could have pissed off Dane. nothing to do with previous championships, this could have an impact on the major sponsor this year.

Edited by - 64XM8 on 12 Mar 2013 21:42:27
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Muz
Team Manager



Australia
5559 Posts
joined 06 May 08

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Posted - 12 Mar 2013 :  22:26:36  Show Profile  Visit Muz's Homepage Send Muz a Private Message  Reply with Quote Copy this URL to Link to this Reply
quote:
Originally posted by 64XM8

quote:
Originally posted by Muz

quote:
Originally posted by 64XM8

looks like Roland should take the 'sole director' of Whincup Motorsport to court !
It will be interseting to see what happens



Why? For executing a contract in good faith? For delivery Triple 8 numerous championships? For attempting to resolve a sponsor clash to ensure the betterment of Triple 8 as a team?




For starters if you believe a while ago, Dane told Whincup and Lowndes not to renew or start new personal sponsors (this was around the time Vodafone were initially on the out), Whincup Motorsports pty Ltd went ahead anyway. Surely this could have pissed off Dane. nothing to do with previous championships, this could have an impact on the major sponsor this year.



And where is the evidence of that ever being said?

McLaughlin later described the final corner: "I don't know what happened there. I just plucked it in first, gave it some jandal and **** yeah!"
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