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World Touring Melbourne sued the Australian Grand Prix Corporation for breach of contract over the Covid-related cancellation
By James Hanley on 30 Aug 2024
World Touring Melbourne (WTM) has won its multi-million dollar claim against the Australian Grand Prix Corporation (AGPC) over the last-minute cancellation of a Robbie Williams concert in 2020.
AGPC has been ordered to pay A$2.84 million (€1.74m) to the promoter for loss of earnings after a judge found it to have provided misleading health advice that prompted the show’s cancellation.
Williams was set to headline the first World Tour Melbourne event at Lakeside Stadium on 14 March 2020 as part of the Formula 1 weekend, but the Grand Prix and surrounding events were called off the day before amid the looming threat of Covid-19.
WTM sued AGPC for breach of contract, seeking $8m in damages, after alleging it had been deceived by the organisation when it compelled the cancellation of the show by citing health advice supposedly mandated by Victoria’s chief medical officer Brett Sutton.
The case went to trial in May, with Justice Clyde Croft delivering his ruling this morning (30 August).
An email sent to promoters by organisers of the Formula 1 race claimed that Dr Sutton had advised Williams’ concert should not go ahead. However, evidence presented during the trial confirmed that no such directive had been issued.
“There was no reason to suppose that a concert of this nature could not otherwise proceed in any other part of Victoria”
According to the North West Star, Dr Sutton had texted AGPC officials to say that while he supported cancelling the gig, it was ultimately a decision for the organisers.
The pandemic state of emergency declaration, which restricted non-essential mass gatherings, did not come into effect until 16 March – two days after the scheduled show – with many other events proceeding as planned across Australia that weekend.
The court found that AGPC unlawfully prevented WTM from proceeding by depriving its access to the event site.
“There was no reason to suppose that a concert of this nature could not otherwise proceed in any other part of Victoria,” said Justice Croft.
Becky Artmonsky, co-CEO of WTM, says the company is “delighted” the case has been resolved in its favour.
“While the cancellation caused massive issues for our business and investors, this outcome clearly demonstrates that we were right to pursue this claim,” she says. “We had spent years and millions developing our partnership with AGPC to bring major talent to Melbourne and the investment we made in our business to support their goals needs repaying.
“We are grateful to the Right Honourable Justice Croft, the court, and our dedicated legal team for their relentless pursuit of justice in this matter.”
“Today’s ruling by Justice Croft affirms that we were treated unfairly, and we are grateful for his careful consideration and diligence”
Richard Beck, director of global touring for World Touring, adds: “We spent over four years planning our event series with AGPC and invested millions of dollars to produce this show, only for it to be wrongfully cancelled. The stage was set, the venue was ready, and Robbie Williams, along with his band, dancers, and crew, were all in town and eager to deliver an unforgettable performance for the Australian public.
“Today’s ruling by Justice Croft affirms that we were treated unfairly, and we are grateful for his careful consideration and diligence. This decision serves as a reminder that those in positions of authority must exercise greater care when making decisions that impact the live music industry and beyond.
“I’d also like to thank our promoter partner in Australia Paul Dainty, whose support throughout was unending and unparalleled. We look forward to returning soon with our global event series to deliver the incredible shows that were meant to be.”
An AGPC spokesperson said it acknowledged the court’s decision and would review the judgment to determine next steps.
WTM is now exploring further legal action against AGPC regarding the frustration of its exclusive five-year contract with the organisation.
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