Organisers of the Australian Grand Prix have been ordered to pay a music touring company close to $3 million, after the last-minute cancellation of a Robbie Williams concert at the start of the pandemic.
Williams, whose hits include Angels and Let Me Entertain You, was set to headline a post-qualifying concert at Lakeside Stadium in Albert Park on March 14, 2020.
Much like the race weekend, Williams's event was also hastily called off as the state and federal government scrambled to curb the spread of COVID-19.
World Touring Melbourne (WTM) sued the Australian Grand Prix Corporation (AGPC) for "significant loss and damage", arguing the race organisers breached their contractual obligations and engaged in "misleading or deceptive conduct".
The main dispute in the case centred on emails and text messages between Victoria's former chief health officer Brett Sutton and the corporation's boss, Andrew Westacott.
The touring company alleged it had been misled by race organisers, who said a direction had been issued for the race — and therefore the concert — to be cancelled on March 13.
The touring company argued was not the case, and that any order covering the concert was not valid because a state of emergency had not yet been declared.
On Friday, the Supreme Court of Victoria ruled the grand prix corporation had misrepresented one of Dr Sutton's text messages while communicating with the touring company.
The Australian Grand Prix was cancelled in 2020 and 2021 because of the COVID-19 pandemic. (AAP: James Ross)
Dr Sutton had actually said the decision to cancel the Williams concert was ultimately a matter for the organisers, Justice Clyde Croft said.
"The court found that this representation by AGPC was likely to mislead or deceive and that WTM relied on the representation," Justice Croft ruled.
The court ordered the grand prix corporation to pay the touring company $2.84 million, well short of the $8 million World Touring Melbourne had initially hoped for.
Victoria was put into a state of emergency on March 16 — two days after the planned Williams concert — to respond to the coronavirus outbreak.
At the time, the declaration gave authorities the power to prohibit large gatherings of more than 500 people and enforce quarantine restrictions on travellers arriving from overseas.
In a statement, the AGPC said it acknowledged the court's decision and was "reviewing the judgement to determine next steps".