Revealed: Team sent 'aggressive' legal threat to driver

Erebus Motorsport threatened to sue Supercars champion Brodie Kostecki for allegedly causing the team to suffer significant losses after the driver sought to terminate his contract, Wide World of Sports can reveal.

WWOS has seen an email from Kostecki's lawyer in early February stating the driver proposed to terminate his contract with the Melbourne-based team.

Kostecki's lawyer received a letter from Erebus Motorsport by way of lawyer Sven Burchartz of Kalus Kenny Intelex in response to the driver's request stating the team would seek an injunction and sue the 2023 champion for damages if Kostecki's agreement was terminated.

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Kostecki's lawyer stated Erebus Motorsport alleged the driver acted wrongfully in communicating with third parties, causing the team to suffer significant losses. Although not explicitly outlined in the communication seen by WWOS, those third parties are believed to be the sponsors that left the team.

While an exact figure was not glimpsed in the communications, several sources have indicated to WWOS that the sum of the damages Erebus Motorsport would have sought was at least $3 million and upwards of $4 million had it reached court.

According to Kostecki's lawyer, Erebus Motorsport said in its letter that it expected Kostecki to comply fully with his contractual obligations to the team. The driver's lawyer labelled the potential injunction and threats to sue an "aggressive response" to Kostecki's request to terminate the contract.

In the wake of the announcement Kostecki would not be racing at the season-opener, naming rights sponsor Coca-Cola Europacific Partners pulled its sponsorship from the team as did investment and wealth management firm Shaw and Partners.

Southern Cross Truck Rentals was in negotiations to renew its contract with Erebus Motorsport but withdrew from those talks earlier this year over what the company's owner Steve Blackmore said were based on "issues that were occurring that are beyond Brodie not just driving" that he said were "never addressed" and remain pertinent.

WWOS can also reveal Grays Online Auctions has terminated its sponsorship with the team. Grays sponsored the team in round one of the Supercars season but is no longer listed as a sponsor on Erebus Motorsport's website and Kostecki's car was void of any Grays sponsorship at a recent test day. Grays had not responded to WWOS' request for comment at the time of publication and Erebus Motorsport would not comment on the matter.

In communications from Kostecki's representative, it is said there was no sign Erebus Motorsport had any intention to negotiate.

WWOS understands Kostecki and Erebus Motorsport CEO Barry Ryan had been at loggerheads since midway through 2023 and had reached an impasse that prompted Kostecki to seek a way out.

WWOS understands part of Kostecki's negotiations dating back to late last year before the short-lived split would keep the driver and the team's CEO away from each other.

On January 25, the team announced Brad Tremain had been installed as team principal under Ryan. It's believed that was a measure to appease Kostecki and create something of a stop-gap between him and Ryan.

On January 30, it was reported by Speedcafe that Kostecki would miss the season-opening Bathurst 500 on February 23-25 at Mount Panorama.

Erebus Motorsport confirmed the news a day later but said "Contrary to media reports, Kostecki remains part of the Erebus Motorsport family and is a valued member of the team."

WWOS understands the letter from Erebus Motorsport to Kostecki and his representatives was received in early February after that announcement.

Kostecki missed the second round of the season at the Formula 1 Australian Grand Prix on March 21-24 where Supercars hosted the Melbourne SuperSprint.

Peace talks were held between Kostecki, team owner Betty Klimenko, and Kostecki's long-time mentor Paul Morris in Melbourne just days before the grand prix weekend.

The outcome of those talks was that Kostecki will drive for Erebus Motorsport again. Exactly what played out in those discussions hasn't come to light.

Morris declined to comment when approached by WWOS but confirmed he was not officially Kostecki's manager.

Erebus Motorsport declined to comment.https://www.facebook.com/ErebusMSport/posts/pfbid0m9YwFZTMKYp2HR9xazrY9XHBuT3pPdNFSid8UVXxZjQLBMqQCan83kwfGSp1DaSql

On April 8, Erebus Motorsport announced Kostecki would return to the team for the Taupō 400 in New Zealand across April 19-21.

In a statement, Kostecki said he needed "Some time away to prioritise my health" and that he was "Grateful for the support, privacy and time Betty (Klimenko, team owner), Barry (Ryan), and the team have given me."

On April 10, Kostecki made his on-track return with Erebus Motorsport at Winton Motor Raceway, completing laps for the first time since last year's season-ending Adelaide 500.

Kostecki drove with an unpainted helmet void of sponsors. As part of negotiations to make his racing return, demands were allegedly made by team owner Betty Klimenko to Kostecki to suspend his sponsorship with Boost Mobile.

Boost Mobile founder Peter Adderton, who has been a vocal supporter of Kostecki throughout the ordeal, claimed the split was a "knife in the back."

Erebus Motorsport CEO Barry Ryan said the team was "back to normal" upon Kostecki's comeback.

"We would have liked to have started the year like that, but unfortunately we couldn't," said Ryan in an interview with the official Supercars website at the test day.

"It's great to see Brodie happy, healthy and ready to go. It's always a good vibe here. We all know each other really well, we've been together a long time. 

"It's great. It's no different to what we finished at the end of last year. Everyone is ready to go. We've got the No.1 on the car. It's pretty exciting."

Kostecki is contracted to Erebus Motorsport until the end of 2024.