Radio presenter declares ARN dispute ‘pretty ugly’ after arriving at Federal Court
Updated ,first published
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Kyle Sandilands’ lawyer told the Federal Court that his behavior may not have been pleasant, but the owners of the 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,” said Sandilands’ barrister Scott Robertson, SC, as the ARN profited from his behavior as he outlined his client’s arguments at a case management hearing on Friday morning.
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.
Robertson urged Federal Court Judge Angus Stewart in June to hear Sandiland’s case as soon as possible, arguing that ARN had “thrown the case into the kitchen sink” through one of the world’s largest law firms and could have 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 gave ARN the right to tear up Sandilands’ contract, which contained a specific clause intended to protect the abusive radio presenter.
The Sandilands team do not want their own case against ARN to be heard at the same time as that of former co-host Jackie ‘O’ Henderson, who is also suing the radio network over her canceled contract, if it means it will slow down the whole process.
Shortly afterwards, Henderson’s legal representatives argued that their client did not want to be forced to be in the same courtroom as the Sandilands and that the hearings should be kept largely separate.
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”.
Henderson was not present on Friday but his manager Gemma O’Neill observed the proceedings.
Bulut claimed that the hearing could be extended for his client if it was combined with Sandilands’ hearings. Bulut said they expected to consult two experts for evidence, including “evidence of a medical nature regarding the impact on my client’s health and well-being”.
Sandilands arrived at the Federal Court of Australia an hour ago in a black Rolls-Royce, describing his legal dispute with KIIS network owner ARN Media as “pretty ugly”.
The former highly-rated radio presenter told a massive media scrum on Friday morning that he wanted to resolve the dispute to get back on air and boost ARN’s share price.
Ever the showman, Sandilands drove off the field in his luxury vehicle with license plate KS20 and entered the building, followed by dozens of reporters, photographers and cameramen.
Sandilands said she had not spoken to Henderson since their dramatic on-air split in February and admitted to reporters things were “pretty ugly anyway”. “Get me back on the radio. Let’s get the stock prices up again,” he said.
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.
Sandilands’ 2004 Series 1 Rolls-Royce Phantom is worth around $1 million by some estimates.
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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.
