By Tom Cowie
The promoters of a Robbie Williams concert that was cancelled amid the early days of the COVID-19 pandemic have been awarded $2.84 million in compensation after suing Melbourne’s Grand Prix organisers.
World Touring Melbourne Limited took legal action in the Supreme Court against the Australian Grand Prix Corporation over the scheduled concert, which was set to take place during the Formula 1 weekend in March 2020, until the race was cancelled shortly beforehand.
Racegoers were waiting to enter the track on March 13, 2020 when it was announced by megaphone that the event would not go ahead.
It was among the first of a wave of cancellations across Victoria as public gatherings were restricted to stop the spread of the coronavirus.
Williams was due to perform on Saturday, March 14, 2020 at Lakeside Stadium in the Albert Park racetrack precinct. The court previously heard the singer had commanded a fee of $1.94 million, and 13,000 tickets were sold for the event.
World Touring Melbourne sought $7.594 million for costs incurred, as well as another $1.128 million in lost profits and interest.
World Touring Melbourne had alleged the cancellation was a breach of the Australian Grand Prix Corporation’s obligations, and the corporation engaged in misleading conduct by stating Victoria’s then chief health officer, Brett Sutton, had ordered the concert be cancelled when it was only a recommendation.
In his judgment in court on Friday morning, Justice Clyde Croft agreed that the corporation’s representation of Sutton’s advice as a direction to stop the show was likely to mislead or deceive.
Croft also found that a text message sent by Sutton on the Friday afternoon before the concert, which said the cancellation was a matter for the organisers, had contradicted a later email from the grand prix corporation to the music promoter, which characterised Sutton’s advice as an order.
“I’d absolutely support that decision. I think it’s ultimately for organisers,” the text message from Sutton said, in response to a text at 2.52pm asking if the concert should be cancelled in line with the overall race event.
World Touring Melbourne co-CEO Becky Artmonsky said they were delighted with the result.
“While the cancellation caused massive issues for our business and investors, this outcome clearly demonstrates that we were right to pursue this claim,” Artmonsky said.
The judge reserved his decision on costs.
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