Arthur v Delta Alpha Kappa Enterprises Pty Ltd and Ors [2021] NSWIRComm 1035

Arthur v Delta Alpha Kappa Enterprises Pty Ltd and Ors [2021] NSWIRComm 1035

Mr Arthur had performed the shows on 6 and 13 March 2020, the amount properly outstanding for those performances was $1,530, the Contract did not contain a provision allowing the first respondent to withhold money owed to him in satisfaction of alleged losses, the alleged losses were not proved with sufficient detail, and the circumstances of March 2020, including COVID-19, Mr Arthur's leukaemia and his caring responsibilities, gave him good reason for cancelling the later shows. Exercising the Commission's power under s 20, it was fair and reasonable to order payment of $1,530 without making any finding on breach of contract.

Jurisdiction
Australia
Judgment Date
21 April 2021
Procedural Posture
Application Pursuant to S 20 of the Entertainment Industry Act (2013) to Resolve an Entertainment Industry Dispute / Hearing and Ex Tempore Principal Judgment
Outcome
Application allowed against Delta Alpha Kappa Enterprises Pty Ltd.
Legal Topics
['payment for Performances' 'entertainment Industry Hirer Obligations' 'alleged Breach of Contract' 'set Off for Alleged Losses' 'covid 19 Cancellation']
['employment and Industrial Law' 'entertainment Industry Law' 'contract Law'] ['payment for Performances' 'entertainment Industry Hirer Obligations' 'alleged Breach of Contract' 'set Off for Alleged Losses' 'covid 19 Cancellation']

Case Brief

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Procedural Posture

Application Pursuant to S 20 of the Entertainment Industry Act (2013) to Resolve an Entertainment Industry Dispute / Hearing and Ex Tempore Principal Judgment

Legal Issues

  1. 1 ['Whether Mr Arthur was entitled to payment for performances conducted on 6 and 13 March 2020.' 'Whether Delta Alpha Kappa Enterprises Pty Ltd could withhold payment by reason of alleged losses arising from cancellation of the 20 and 27 March 2020 shows.' "Whether the circumstances surrounding COVID-19, Mr Arthur's health and his caring responsibilities justified cancellation of the remaining shows for the purposes of resolving the dispute under s 20."]

Ratio Decidendi

Mr Arthur had performed the shows on 6 and 13 March 2020, the amount properly outstanding for those performances was $1,530, the Contract did not contain a provision allowing the first respondent to withhold money owed to him in satisfaction of alleged losses, the alleged losses were not proved with sufficient detail, and the circumstances of March 2020, including COVID-19, Mr Arthur's leukaemia and his caring responsibilities, gave him good reason for cancelling the later shows. Exercising the Commission's power under s 20, it was fair and reasonable to order payment of $1,530 without making any finding on breach of contract.

Court Disposition

Application allowed against Delta Alpha Kappa Enterprises Pty Ltd.

Orders

  • ['Delta Alpha Kappa Enterprises Pty Ltd is to make a payment to Gregg Frank Arthur in the amount of $1,530 within 21 days.']