"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.
Mr Morgan said the contract Mr Smart had with the previous promoters was not necessarily binding on the new promoters.
He also doubted "very much" that the court would award a remedy which included travel to Australia, which Mr Smart said he wanted.
