Band Small Jam sues Cairns singer Justin Wellington over Iko Iko song

A band featured in a worldwide banger is suing a Qld singer, claiming they have been paid nothing, court documents revealed.

Solomon Islands band Small Jam and Australia-based singer Justin Wellington.

A band featured in a worldwide banger is suing Cairns-based singer Justin Wellington, claiming they have been paid nothing, court documents revealed.

Papua New Guinea-born Mr Wellington released a remake of classic song Iko Iko in 2017 and later dropped a “summer version” in 2021, featuring Solomon Islands reggae group Small Jam.

Both tracks achieved huge financial successes across the globe with more than 170 million views on YouTube and topping multiple music charts including a spot on the Billboard Global 200.

Justin Wellington in the Iko Iko (My Bestie) music video.

In a judgement handed down in Queensland Supreme Court at Cairns this week, Small Jam members Richard Heston Kew Yee and Mosteni Hani submitted a statement of claims and argued that they should be entitled to get paid in a 50/50 share as their collaboration was roughly equal with Mr Wellington.

Mr Wellington, who initiated the remaking and recording process of the song in 2015, likely wrote the iconic nine-word line “my bestie and your bestie, dancing by the fire”.

While Mr Kew Yee likely wrote another part of the rap-feel lyrics which cover around 20 seconds of the song, before Mr Wellington emailed him in early 2016 that he would “do the video clip for Iko Iko with you guys” in Honiara of Solomon Islands, where the two band members were from, and sought his recommendation for the shooting and production crew.

After the video was filmed in August, Mr Wellington allegedly asked Mr Kew Yee to “do him a favour” for a copy of his lyrics.

Justin Wellington and Small Jam in the Iko Iko (My Bestie) music video.

Justice James Henry said in the judgement that there was implication of an agreement between the trio to collaborate for the remake.

“It is important to appreciate the claim has substance in that it is founded in evidence credibly grounding the potential implication of substantial remunerative entitlements from an obviously commercial collaboration,” he said.

But he said many parts of Small Jam’s submission were insufficient and vague.

“It is therefore inevitable that any re-pleading will necessitate substantial changes, with likely impact upon the pleading of the plaintiffs’ case generally,” he said.

“The probability of change of that degree makes it unnecessary to deal with some of the less significant arguments advanced by the parties.”

He struck out a number of Small Jam’s claims and adjourned the matter to June 18 when he will hear from both parties.