Kyle Sandilands' conduct may not be 'nice' but 'if you buy Kyle, you get Kyle', the federal court has heard in a high-profile legal fight the sacked shock jock describes as 'pretty ugly'. Sandilands arrived at the federal court in Sydney on Friday in a Rolls-Royce, facing a large media pack, for a case management hearing into allegations he breached his radio contract with ARN Media.
Legal Arguments
Sandilands' barrister, Scott Robertson SC, told the court that while the allegations about Sandilands' conduct may 'be regarded as serious misconduct for the purposes of employment law', they are not 'serious misconduct for the purposes of this particular contract'. 'If you buy Kyle, you get Kyle,' Robertson said. 'The kind of conduct in which he engaged was conduct that was desired - contractually desired, that’s the word in the contract - and indeed was monetised.'
ARN's Allegations
ARN has alleged Sandilands repeatedly berated Kiis FM executives, the radio station’s censors, critics of the Kyle and Jackie O Show and the Melbourne audience in expletive-laden rants which amount to serious misconduct. Robertson acknowledged the conduct might not be nice but argued it did not entitle ARN to terminate the contract.
Jackie O Henderson's Involvement
Henderson, who did not attend the joint hearing, does not want to be in the same courtroom as Sandilands as he has caused her 'significant psychological harm', her barrister Vanja Bulut said. Medical experts would be called to testify that Henderson suffered psychological injury with physical manifestations as a result of Sandilands’ bullying.
Case Management
While neither Sandilands nor Henderson want their cases heard together, Tom Blackburn SC, for ARN Media, argued there were 'very powerful reasons' to hold one case. They are each separately suing ARN Media for more than $80m, while ARN Media is suing both personalities for loss of revenue. Justice Angus Stewart said it was likely the cases would have to be heard together but would keep an open mind until seeing all pleadings. He set a date for the 10-day trial in October.
Robertson opposed a joint hearing, arguing it may delay his client’s case and deny him procedural fairness. He stated that the longer Sandilands is off-air, the more it disadvantages him because the audience may move on to another show. 'This is not a case that’s just about money,' Robertson said. 'Mr Sandilands wants to get back before the microphone … This is not the opera singer who doesn’t want to sing. This is the broadcaster and performer who wants to get behind the microphone ASAP.'
Sandilands' Response
As he left court, Sandilands addressed the crowd of press and fans: 'Just don’t believe the bullshit that you hear and read, just wait to see what comes out in court.'
