Trial begins over Robbie Williams’ cancelled Grand Prix gig

The cancellation of Robbie Williams’ Melbourne Grand Prix concert was based on the incorrect advice that then chief health officer Brett Sutton had ordered it not go ahead, a trial has heard.

The cancellation of global star Robbie Williams’ multimillion dollar Australian Grand Prix concert was based on false information which wrongly stated then chief health officer Dr Brett Sutton had directed it not go ahead, a trial has heard.

The high-stakes legal fight over the abandoned concert began in the Supreme Court of Victoria on Monday, with the civil trial expected to run for three weeks.

The Australian Grand Prix Corporation is being sued for $8.7m in damages that music promoter World Touring Melbourne says it incurred after signing William’s to perform at the cancelled event.

Day one of the F1 event was cancelled just 30 minutes before gates were due to open at Albert Park on Friday March 13, 2020 due to coronavirus fears.

Robbie Williams was due to perform at the Grand Prix but the event was cancelled 30 minutes before gates were due to open. Picture: Michael Klein

During the trial opening, the court was shown private communications between Aus GP organisers and Dr Sutton, revealing he made recommendations – not directives – about whether the race should go ahead.

In an email exchange on March 13, Dr Sutton told the organisers it was his recommendation the race be cancelled or made patron-free to manage the coronavirus risk.

But he made no call on the fate of the Williams concert, which at that point had sold $2.4m in tickets to more than 13,000 people.

The court heard that Australian Grand Prix CEO Andrew Westacott subsequently notified concert organisers that they had received a “blanket directive” from the CHO to cancel the race and concert.

“There is not any questioning about this, there is no roads for appeal,” Mr Westacott said in the call.

Based on this information and with just over 24 hours notice, the Williams concert was cancelled.

The trial heard Brett Sutton made recommendations – not directives – about whether the race should go ahead. Picture: Andrew Henshaw

It was after this point, a text message was sent by an Aus GP employee to Dr Sutton to specifically ask his advice on whether the Williams concert should proceed, the court heard.

Dr Sutton responded he would “absolutely support” a decision to cancel the event but that it was “ultimately for organisers” to decide.

The World Touring Company alleges the Aus GP engaged in misleading or deceptive conduct by withholding information about the CHO’s views, which were wrongly communicated to them as an order to cancel the concert.

“They would have decided to go ahead had the defendant not misstated the advice from the chief health officer and had they known his true position in this regard,” Nicholas de Young KC, acting for the World Touring Melbourne, told the court.

However, Gerard Dalton KC, on behalf of the Aus GP, told the court the music promoter knew the event would not proceed and wanted the decision taken from their hands for financial purposes.

“(They) determined to get advice to get the best result they could out of a terrible circumstance for them and that was not to announce their own cancellation until after AGPC communicated to them in effect that they couldn’t go ahead,” he told the court.

“Their perception (was) that this would strengthen their position on getting a refund from

Miley Cyrus pulled out of the Concert for National Bushfire Relief at the Albert Park track during the 2020 race due to the Covid outbreak. Picture: AFP

Robbie Williams and that it might strengthen their position in relation to insurance.”

At the time there were only a few cases of COVID-19 cases in Victoria, no prohibitions against mass gatherings and other large scale events taking place, including a concert at the Sidney Myer Music Bowl featuring New Order the following night.

Music promoter Richard Beck had previously flagged the court battle could be avoided if Aus GP bos­s­es came to the negotiating table.

Mr Beck said in March that a separate $25m action he is planning through the High Court in London for “frustration of contract” over a deadlocked deal to bring more stars to Melbourne in future years could also be avoided.

Mr Beck had secured Williams as the headline act for the 2020 race, with the megastar travelling to Melbourne despite fears over the virus outbreak.

“I’m not going to let anything get in the way,” Williams said in the lead-up to the concert.

The touring agency is seeking $7.6m for costs it incurred and another $1.1m in lost profits and interest over the cancellation.

The Australian Grand Prix Corporation previously rejected a $4.8m settlement, instead offering just $1.

The trial, before Justice Clyde Croft, continues.