Music fest promoter to pay Creedence Clearwater Revival founder John Fogerty legal fees in ongoing dispute
A Central Queensland music festival promoter will have to pay legal fees for Creedence Clearwater Revival founder John Fogerty, who won his push for the matter to be handled in the US. See how it started.
Police & Courts
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A Mackay region music festival will have to pay some legal fees for Creedence Clearwater Revival founder John Fogerty, who won his push for the matter to be handled via mediation in the US.
Fogerty had been set to headline Country Fest Queensland in Bloomsbury in March 2024 in what was advertised as his only Australian show.
However the deal fell over and resulted in a sledging match over who was at fault.
Then concert promoter SPF Events tried to sue Fogerty’s US-based Little Swamp and his agent, billion-dollar Hollywood talent giant Creative Artists Agency LLC (CAA) for $US700,000 ($A1.07m), which was the deposit paid to secure the superstar’s headline performance — he was then to receive a further $US700,000 by a date in February but it was this was not paid.
SPF argued there was no binding contract between the parties and wanted the court to rule their offer to sign Fogarty was validly withdrawn.
But Little Swamp claimed the only reasonable interpretation was they intended to be bound by the contract from January 29.
Both Fogerty and Little Swamp, and SPF made interlocutory applications three days apart, seeking mediation from Judicial Arbitration and Mediation Services, Inc in California.
Fogerty wants damages for alleged breach of contract, unjust enrichment and violation of privacy under California law, while SPF wants a declaration the dispute in the supreme court falls under the arbitration provision of the agreement.
And in June Justice Rebecca Treston determined the supreme court proceedings be stayed and the dispute referred to a Californian alternative dispute resolution company.
Fogerty and Little Swamp want SPF to pay their costs of the interlocutory applications, while SPF argued there should be no costs order, or any costs order should be reduced “to reflect the mixed success” of the parties, or it pays 50 per cent of their orders.
In a decision on the papers Supreme Court Justice Rebecca Treston found “at the outset that both (Fogerty and Little Swamp) were primarily successful in their claim for the proceeding in the supreme court of Queensland to be stayed”.
She ordered SPF pay the costs for the interlocutory applications on a standard basis.
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