Claiming the Bathurst 1000 on appeal would be like winning a Melbourne Cup in a courtroom, leading Holden driver James Courtney says.

Jamie Whincup’s Red Bull Racing (RBR) team will front the Supercars Court of Appeal in Melbourne on Tuesday night in a bid to overturn a time penalty that cost him a fifth Great Race title almost a fortnight ago.

Whincup crossed the line first but was relegated to 11th due to a 15-second time penalty for his role in a late incident that ended the winning hopes of Volvo’s Scott McLaughlin and Courtney’s Holden teammate Garth Tander.

Governing body Confederation of Australian Motor Sport have confirmed the Court of Appeal has the ability to overturn Whincup’s penalty, therefore ensuring a belated victory for the six-time series champion.

It would also strip the winning Peter Brock Trophy from Holden’s Will Davison and co-driver Jonathon Webb.

“No one wants the Bathurst 1000 decided in a court room,” Courtney told AAP.

“It is like the Melbourne Cup being decided in a court room and not on the track.

“I would feel bad for Jon and Will. That team worked their arses off to get the result.

“There would be a lot of upset people.”

The hearing’s result may not be made public for a fortnight.

It has created uncertainty ahead of the Supercars’ next round – this weekend’s Gold Coast 600.

Courtney said no matter what the hearing’s result, the fans had been let down by the fallout of the controversial Bathurst 1000 race.

“For such an event to end that way and then be dragged through the media and courts, it is not what we are here to do,” he said.

“Even people in the industry are scratching their heads not knowing what is going on or how it is playing out.

“I feel more for the fan base. It has let down them more than anything.”

The hearing at Melbourne’s County Court of Victoria starts at 7pm (AEDT).