Creedence Clearwater Revival’s John Fogerty’s Qld festival deal dispute goes to the US
Creedence Clearwater Revival founder John Fogerty has won the first round in a court battle with a Central Queensland music festival.
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Creedence Clearwater Revival founder John Fogerty has won the first round in a legal battle with a Central Queensland music festival after a court ruled in favour of the dispute going to mediation in the US.
In her decision handed down on Friday, after a hearing on June 3, Supreme Court Justice Rebecca Treston ruled that a Californian alternative dispute resolution company should resolve the disagreement rather than the court.
Country Fest Queensland concert promoter SFP Events Pty Ltd sued Fogerty’s US-based Little Swamp II Inc and his agent, billion-dollar Hollywood talent giant Creative Artists Agency LLC (CAA), in the Supreme Court in Brisbane in February.
They were seeking the repayment of a US$700,000 ($A1.07m) deposit they paid to CAA’s trust account in January this year to secure Fogerty’s 100-minute performance at the March 30-31 event, for which he was to be paid a further $US700,000 by February 20, but it was not paid at that time.
SFP asked the court to rule that the offer they made to Little Swamp to sign Fogerty up as headliner “was validly withdrawn” by an email on February 23, 2024.
They submitted there was no binding contract entered into between the parties.
But CAA argued that while they did not sign the contract until after event organiser Regan Anderson purported to withdraw his “offer”, the only reasonable interpretation of the parties’ actions was that they intended to be bound by the contract from January 29.
Separately, on March 22, Fogerty and Little Swamp submitted a demand for arbitration
to Judicial Arbitration and Mediation Services, Inc in California, seeking damages from SFP for alleged breach of contract, unjust enrichment; and violation of privacy under California law.
Three days later CAA submitted a similar demand for arbitration to JAMS in California
seeking declarations that the dispute in the Supreme Court falls under the arbitration provision of the agreement.
Justice Treston’s decision states that the negotiations between SFP and CAA to sign Fogerty took place via a series of emails between September 2023 and January this year.
On 11 January 2024, Country Fest event organiser Regan Anderson, emailed CAA agent Cameron Kaiser, based in the US.
“We would be happy to confirm the following: $1.4 million all inclusive deposit for John Fogerty plus accommodation in Australia for all party travelling members (roughly 24-28 people) including transfers to and from the venue and a Great Barrier Reef trip,” Mr Anderson wrote.
“$700K US deposit paid immediately before announcing MONDAY US time and art work
approval before,” Mr Anderson wrote.
“We would need the logo for John Fogerty and wording we could use around Creedence Clearwater Revival today if possible to get our imagery over for approval in 24 hrs,” he wrote.
A month earlier Mr Anderson, on behalf of his company SFP, offered to pay $1.25 million plus charter flights from Los Angeles, and other accommodation and transport.
On February 23, SFP’s solicitor emailed Mr Kaiser stating he was withdrawing the offer.
“The offer is no longer acceptable by Mr Fogerty and requires the immediate return / release of the $700,000 USD in the CAA trust account to it,” the email read.
“What the hell is going on?” Mr Kaiser’s responded.
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