Radio presenter declares ARN dispute ‘pretty ugly’ after arriving at Federal Court
Updated ,first published
Kyle Sandilands has hit out at Jackie “O” Henderson’s “ridiculous” legal strategy after his lawyer told the Federal Court he did not want to be in an enclosed space with her during a hearing that could last up to two weeks.
Sandilands’ comments came outside the courtroom after the judge told him he was unlikely to return to broadcast on KIIS FM and rejected his bid for an expedited hearing in June, with hearings tentatively set for October.
“They say they don’t want to be in the same courtroom, that’s their legal strategy. We have a different strategy. Don’t just believe the nonsense you hear and read, see what comes out in court,” Sandilands told reporters before heading home to “eat wings” with his son.
In the courtroom, barrister Scott Robertson, SC, said that while Sandilands’ behavior was unpleasant, the owners of ARN’s KIIS network knew exactly what they were getting and took responsibility for it through a specially customized contract.
“If you buy Kyle, you buy Kyle,” Robertson said, and the ARN profited from his behavior as he outlined his client’s arguments at a case management hearing on Friday morning.
Federal Court judge Angus Stewart provisionally ruled that Sandilands and Jackie ‘O’ Henderson’s cases against their former employer ARN Media will be heard for two weeks between 12 October and 23 October.
Robertson told the court: “His conduct was desirable, contractually designed conduct… and was in fact money-making conduct, the evidence will show.” He said this was true even where Sandilands’ behavior occurred off-air, but not in the broadcast studio, where everything was recorded for later use.
Previously, Robertson had asked Stewart to hear Sandilands’ split case so it could be heard as soon as possible in June, arguing that ARN had “thrown the case down the kitchen sink” through one of the world’s largest law firms and that it could be prepared in time.
He added that it “seemed high” that Sandilands would admit to “engaging in the alleged misconduct”.
As Sandilands sat in the middle of the front row of the courtroom and concentrated on the proceedings, his lawyer Robertson, a private citizen himself, said: “I look at this and say ‘this is not nice behavior, this is not the kind of behavior I think someone should be doing’.”
But he said this did not give ARN the right to tear up Sandilands’ contract, which contained a specific clause intended to protect the abusive radio presenter.
Henderson, who was also suing the radio network over his canceled contract, did not want his case to be heard simultaneously; Their legal representatives said their client did not want to be forced to be in the same courtroom as Sandilands for weeks.
Henderson’s lawyer, Vanja Bulut, said hearing the cases together would put her client in the same “closed space” as Sandilands, who she said “caused significant psychological harm”.
Consistent with Bulut’s comments, Henderson was not present on Friday but his manager Gemma O’Neill watched the proceedings. He expects to refer two experts for evidence, including “evidence of a medical nature as to the impact on my client’s health and well-being.”
Tom Blackburn SC, acting for the ARN, argued that both cases should be heard together and said there was “too much risk of inconsistent findings”. He said both cases contained consistent facts and conclusions and that Judge Stewart ultimately said the cases would likely be tried together.
Blackburn responded to a request from Sandilands’ side for an order to return him to broadcasting, saying the request was “next to hopeless”.
“The relationship of trust and confidence between the parties has completely broken down,” Blackburn said. “This is a hopeless situation and it has been seriously submitted to the court that the parties may obtain an order to cooperate together for the next nine years.”
Arriving outside the Federal Court in the early hours of the morning, Sandilands stepped out of a black 2004 Rolls-Royce Series 1 Phantom bearing registration plate KS20. He told a media uproar that his legal dispute with ARN Media, owner of the KIIS network, was “pretty ugly” and that he wanted to return to broadcasting to boost ARN’s share price.
Dozens of reporters, photographers and videographers followed him into the building, and he added that he and Henderson, who had been so close for nearly three decades, had not spoken.
The Federal Court in Sydney today also hosts other high-profile cases, including the consumer watchdog’s lawsuit against Woolworths and a defamation case against actor Rebel Wilson.
ARN tore up Henderson’s contract in early March this year after allegedly refusing to work with him due to his behavior towards Sandilands. Two weeks later, he also canceled his contract after failing to “correct” what he said was serious misconduct towards his former co-host of 25 years, stemming from his on-air and off-air behavior.
Soon after, both stars sued the company, making separate attempts to recoup most of the $200 million contracts they signed, which began 14 months earlier.
When ARN submitted its defense to the court on both matters on Tuesday this week, this imprint also revealed that the company had sued both former employees and their private companies with a pair of counterclaims, citing loss of income and profits as a result of the show imploding, largely due to alleged “systemic bullying” of Henderson on Sandilands’ behalf.
The car Sandilands arrived in was reportedly one of several Rolls-Royces he owns, and by some estimates is worth around $1 million.
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Kishor Napier-Raman is senior business writer for The Sydney Morning Herald and The Age. He previously worked as a CBD columnist and reporter in the federal parliament press gallery.Connect with: X or email.
Calum Jaspan is a media writer for The Sydney Morning Herald and The Age, based in Melbourne. Reach him securely on Signal @calumjaspan.10Connect with: X or email.
