KEY POINTS:
Dame Kiri Te Kanawa was not liable for cancellation of three concerts with pop star John Farnham because no contract was signed and her concerns about his 'style' were not addressed, the New South Wales Supreme Court ruled today.
Justice Patricia Bergin today ruled against promoter Leading Edge
Events, finding it failed to establish its claims against New Zealand opera star Dame Kiri.
Leading Edge sued Dame Kiri, her company Mattane, her former agent Nick Grace and his company for breach of contract, breach of contractual warranty equities and misleading conduct.
The promoter had sought up to A$2 million ($2.3 million) in compensation -- A$600,000 ($690,766) plus 25 per cent of the shows' potential profits -- after the three concerts scheduled for Sydney and Melbourne in February 2005 were cancelled.
In a lengthy written judgement, Justice Bergin awarded the promoter A$128,063 ($147,436) from Mattane for costs incurred before she withdrew from the concerts, which included a helicopter transfer for Dame Kiri from Auckland to her home in the Bay Of Islands.
Dame Kiri, 63, told the court in January that her concerns were raised after viewing DVDs of Farnham's concerts. She raised these concerns with Leading Edge director Frank Williams late in 2003.
"I was concerned about the knickers or underpants and underwear apparel being thrown at him and him collecting it and obviously holding it in his hands as some sort of trophy," she told the court.
"How could I, in my classical form, perform in this way? "
Dame Kiri was set to meet Farnham and his manager Glenn Wheatley in Auckland in February 2004 to discuss their performances but was "very disappointed" when the pair didn't show up. Justice Bergin said this was "a major factor" in Dame Kiri's decision not to participate in the concerts.
"Dame Kiri was far from silent about her concerns with Mr Farnham's style," Justice Bergin said in her decision.
"... It is obvious that two highly successful performing artists would need careful management so that their respective needs were met. Mr Williams knew that there was a possibility that Dame Kiri and Mr Farnham may not have the necessary rapport to assuage Dame Kiri's concerns. "'
While there were emails in which Mattane and the promoter discussed venues, fees and air tickets regarding the proposed concerts, there was no finalisation of the contract, Justice Bergin ruled.
"It was a draft contract, subject to further negotiations."
On the awarding of costs, Justice Bergin ruled Dame Kiri knew Mr Williams was incurring costs in the promotion of the concerts before she decided not to participate.
This included travel and a promotional set of boxed wine glasses which he showed her at the Auckland meeting.
"I also have no doubt that when Dame Kiri saw the promotional material ... she knew that the plaintiff had incurred costs in its production.
"In those circumstances I find Dame Kiri's evidence that if someone was going to spend her money then they should have a letter saying they were justified in doing so, rather unhelpful.
"This is particularly so when Dame Kiri obviously demanded to be flown to the Bay of Islands in a helicopter and I have no doubt that she knew that the plaintiff was paying for that trip. "
Leading Edge's lawyer, Richard Evans, told the court the company had spent more than A$380,000 ($437,485) in preparation for the concerts, billed as "Two Great Voices".
Mr Wheatley told the court he had "no doubt" all three concerts would have sold out.
- NZPA
