Locked-in house owner Paul Smart says he doesn't want to be a killjoy for petrolheads but has hit a "blank wall" with the promoters of the Hamilton 400 V8s event and has filed an injunction to stop it.
But despite receiving the papers late yesterday V8 Supercars Australia would stillnot confirm if it would resolve the matter or fight it out in court.
Mr Martin, whose Mill St home is beside the run-off on the track and only metres from a tyre barrier, yesterday filed an injunction at the Hamilton District Court to try to stop the event now in its last year in Hamilton.
He has applied for a court order with a number of stipulations targeting the defendants, The Trustees of Avesco Events Unit Trust New Zealand, V8 Supercars Australia and Hamilton City Council.
He said he had filed the injunction because of the nuisance the event was causing to him and ongoing concerns he had for his family's health and safety. The promoters have accused him of "blatant opportunism".
"We can't possibly endure another year of it ... So hopefully the V8s will turn up and take notice," said Mr Smart. "It's trying to get a resolution to this thing and let's hope that the V8s event goes ahead ..."
The 50-plus page document he lodged with the court yesterday applied for orders prohibiting a number of things including the interference of his enjoyment at his property, denying him vehicle access and failing to prevent debris or flying objects coming on to his property. "I have dealt with the V8s for a year and a half and as I'm saying I'm just hitting a blank wall with these guys and I'm sad to have to say that this is the only way to get these guys to take notice."
Sam Heard, general communications for V8 Supercars Australia, last night told the Herald the organisation received papers informing it of the injunction late yesterday afternoon.
He would not comment on whether V8 Supercars Australia would try to resolve the matter before it heads to court on Monday morning.
Mr Smart would not reveal how much he wanted in compensation for this year. He is claiming damages of $50,000 for the "hell" of living in the house during last year's event.
He had a previous agreement with Caleta Streetrace Management, which covered travel and accommodation costs if he and his family left Hamilton during the event, but V8 Supercars Australia has refused to honour that arrangement. Philip Morgan, QC, said if the court granted an injunction and a person or organisation did not comply with it they could be held for contempt.
But he said the cost of stopping the V8s, which start on Friday, April 20, would be astronomical.
