Jenson Button says Giedo van der Garde driving in Melbourne is not a safety concern and has expressed his disappointment that Sauber used that claim as a defence in their legal dispute.

Van der Garde took the Swiss team to the Supreme Court in Melbourne arguing that they had reneged on a deal for him to race in 2015.

The court agreed and Sauber’s subsequent appeal against Wednesday morning’s ruling was dismissed on Thursday.

Sauber’s lawyer argued in court that allowing van der Garde to race would be "reckless and dangerous" given his lack of testing and would put other drivers and support staff at an "unacceptable" risk.

Craig Slater reports from Melbourne to discuss the news that Sauber have lost their legal battle with former reserve driver Giedo van der Garde. Craig Slater reports from Melbourne to discuss the news that Sauber have lost their legal battle with former reserve driver Giedo van der Garde.

However, the most experienced driver on the F1 grid has no qualms about racing alongside the Dutchman who started 19 races for Caterham in 2013.

“The bit that surprises me most is the comments from Sauber saying it is a safety issue with him driving the car,” Button told Sky Sports News HQ.

“For me it is a shame that they have gone in that direction, because safety is always a concern in motorsport and we shouldn’t be throwing it around lightly. Personally him driving the car is not a safety issue. I think it is unfair to use that against Giedo.”

The court case has completely overshadowing Sauber’s build-up to the race, and their former driver Nico Hulkenberg isn't shocked the team have found themselves embroiled in the dispute.

“Not super surprised no," the German told Sky Sports News HQ when asked if the situation surprised him after his experience with the team in 2013.

“I think it is very fair what he does. He is just fighting for what he deserves and what they have told him and promised him.”

Hulkenberg's current teammate Sergio Perez has also voiced his support of van der Garde’s stance.

“It shouldn’t be the way people should be treating drivers. They should respect drivers,” Perez told reporters in the Melbourne paddock on Thursday.

“A driver can be quite powerful. We are working here. We need this work and this career, so it’s not fair when people are not treating you the way you have to be treated.

“It doesn’t matter if you are a driver or an engineer, everyone has to be treated fairly and if there’s a contract it should be respected because there are rules and they have to be followed.”

Perez said it wasn’t uncommon for drivers to leave teams in far from favourable circumstances.

“Sometimes in Formula 1 you hear drivers of having a contract with the teams and they just get kicked off [the line-up], or drivers who are owed money from three or four years [previously],” the Mexican explained.

“I think Giedo is a good example: a driver should stand up for their rights. I see it as a good thing for not only drivers but anyone who works in Formula 1, who should be treated like any other worker in the world.”

Another ex-Sauber driver, meanwhile, Felipe Massa also expressed his dismay at the situation surrounding his old team.

While stressing he didn’t know the ins and outs of the case, the Williams driver said: “I think it’s sad, to be honest, to see what’s going on with the team to have three drivers signed for the championship.

“Maybe they already had one driver signed and then signed with another two drivers. I don’t know what’s going on, I don’t like to say something that’s not correct, but it’s sad. To see that on the first race of the season is really not nice and sad for the sport.

“Formula 1 is not in the best moment compared to what we saw in the past and then you still see this situation. It’s not nice.”