A live-music touring company says an 11-word text message from the then chief health officer, Brett Sutton, proves a grand prix concert featuring Robbie Williams on the cusp of the coronavirus crisis did not have to be cancelled, the Supreme Court has heard.
The Australian Grand Prix Corporation is being sued for more than $8 million over the snap cancellation of a performance by the pop star as part of the 2020 Formula 1 event in Melbourne.
Singer Robbie Williams walks through the paddock with F1 driver Daniel Ricciardo days before the 2020 grand prix was cancelled.Credit: Getty Images
World Touring Melbourne alleges the cancellation was a breach of the Australian Grand Prix Corporation’s obligations, and the corporation engaged in misleading conduct by stating the chief health officer had ordered the concert be cancelled when it was only a recommendation.
Racegoers were waiting to enter the track on March 13, 2020, when it was announced by megaphone that the event would not go ahead. The court case relates solely to the Williams concert that was to be held on Saturday, March 14 at Albert Park as a separate event for which 13,000 tickets had been sold.
On the first day of an 11-day trial, the Supreme Court heard on Monday that promoters would have pressed ahead with the concert if they had known the true nature of Sutton’s advice, as bans on mass gatherings of over 500 people did not come into effect until the following Monday.
Other concerts went ahead that weekend unimpeded – including a New Order concert at the Sidney Myer Music Bowl attended by 10,000 people the same night Williams had been due to perform, the court heard.
Waiting spectators are told the Australian Grand Prix is cancelled on the morning of Friday, March 13, 2020.Credit: Joe Armao
Barrister for World Touring Melbourne, Nicholas De Young, KC, told the court that the case was straightforward and hinged on Sutton’s advice and how grand prix organisers conveyed that advice to concert organisers.
“The defendant contends that it did accurately pass on that information. We contend that it did not,” he said.
In a teleconference about 2pm on March 13, the then grand prix chief executive, Andrew Westacott, had told the music promoters the grand prix had received a “blanket directive” from Victoria’s chief health officer that the entire grand prix event needed to be cancelled or held without patrons, according to a transcript seen by the court.
But De Young argued there had been no direct discussion about the concert and a text message later that day from Sutton proved there had been no missive.
“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. The text was sent hours after grand prix staff had told the concert promoters Sutton had ordered a cancellation.
But the grand prix’s barrister, Gerard Dalton, KC, said it would have been “impossible” to hold the concert with thousands of attendees when the race had already been cancelled by F1 organisers and the race and concert were treated the same.
“Causally, it doesn’t matter if [Westacott] misrepresented the CHO’s advice ... it’s irrelevant,” Dalton said.
“What matters is on the causation side of things, would the concert have gone ahead? The concert did not go ahead because Mr Westacott decided that it could not go ahead in light of the advice that he received from the chief health officer.”
Williams had been secured with a $1.94 million fee, according to court documents. The touring agency is seeking $7.594 million for costs it incurred, and another $1.128 million in lost profits and interest.
The Australian Grand Prix Corporation was approached for comment but said it wouldn’t comment while the matter is before the courts.
The case continues.
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