Jayson Gillham takes orchestra to court after concert cancelled
Pro-Palestine pianist Jason Gillham is suing Melbourne Symphony Orchestra for cancelling his concert following his comments on the Gaza war.
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The Melbourne Symphony Orchestra has lost a bid to have Pro-Palestinian pianist Jayson Gillham’s case against it thrown out on the basis that his case was doomed to fail.
Mr Gillham is sued the orchestra, its chief executive Sophie Galaise, chief operating officer Guy Ross and Symphony Services Australia after it cancelled the second recital of his performance in August last year, after he made comments about the war in Gaza during his first recital.
He said on stage, “Over the last 10 months, Israel has killed more than 100 Palestinian journalists.
“A number of these have been targeted assassinations of prominent journalists as they were travelling in marked press vehicles or wearing their press jackets.
“The killing of journalists is a war crime in international law, and it is done in an effort to prevent the documentation and broadcasting of war crimes to the world.”
Mr Gillham’s comments prompted the orchestra to send out an email to its members accusing him of going rogue, and to cancel his next show.
Mr Gillham and Ms Galaise had reached an in-principle settlement of his case against her while his case against Symphony Services Australia has previously been withdrawn.
Ms Galaise quit her role at the orchestra after its musicians passed a vote of no-confidence in her following the cancellation of Mr Gillham’s recital.
Mr Gillham’s case of unlawful treatment was listed for trial in mid-March but did not proceed as the orchestra and Mr Ross filed an application in the Federal Court for the case to be dismissed on the basis that it was doomed to fail.
In a judgment issued on Thursday, Chief Justice Debra Mortimer said it was apparent from the submissions that there were a range of debates on facts and law about the relationship between Mr Gillham and the MSO that needed to be explored at trial.
No date for trial has been set.
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