Updated ,first published
Broadcaster Kyle Sandilands has lashed out at Jackie “O” Henderson’s “bullshit” legal claims after her barrister told the Federal Court she did not want to be in an enclosed space with him during a trial that could run for two weeks.
Sandilands’ comments came outside the courtroom on Friday after he was told by the judge it was highly unlikely he would be returned to air on KIIS FM and his bid to have an expedited trial in June was scotched, with the hearings set tentatively for October instead.
“They say they don’t want to be in the same courtroom, that’s their legal strategy. We have a different strategy. Just don’t believe the bullshit that you hear and read, just wait to see what comes out in court,” Sandilands said to reporters before heading home to “eat wings” with his son.
Earlier, Sandilands’ barrister Scott Robertson, SC, said that, while his client’s conduct may not have been pleasant, KIIS’ owner ARN Media knew exactly what it was getting and took responsibility for his remarks via a specially customised contract.
Robertson argued “if you buy Kyle, you get Kyle” and that ARN profited off his conduct while outlining his client’s arguments during the case management hearing on Friday morning.
Both Sandilands and Henderson’s legal cases against ARN over the scrapping of their $100 million contracts will be heard over the course of two weeks spanning October 12 to October 23, Federal Court Justice Angus Stewart tentatively decided.
Robertson had urged Stewart to split off Sandilands’ case so it could be heard as soon as possible in June, arguing that ARN was “throwing the kitchen sink” at the case via one of the largest law firms in the world and could get ready in time.
He added that Sandilands “appears highly likely” to admit to having “engaged in the poor conduct that is alleged”.
As Sandilands sat in the centre of the front row of the courtroom laser focused on the proceedings, his barrister said that, as a citizen himself, “I look at it and say, ‘This is not nice conduct, this is not the kind of conduct that I think someone should engage in.’ ”
But he said that did not give ARN a right to tear up Sandilands’ contract.
Henderson also did not want her case to be heard at the same time. Her barrister, Vanja Bulut, said the cases being heard together would put her client in the same “enclosed space” as Sandilands, who “she says has caused a significant psychological harm”.
Henderson was not present on Friday, but her manager Gemma O’Neill observed proceedings. Bulut expects to call on two experts for evidence including “evidence of a medical nature as to the impact it’s had on my client’s health and wellbeing”.
ARN’s barrister Tom Blackburn, SC, argued both cases should be heard together, saying that there was “too much risk for inconsistent findings to be made” because they concerned similar facts. The judge said it was likely the cases would be heard together.
Blackburn also responded to a demand by Sandilands’ side for orders to return him to the airwaves by saying that request was “close to hopeless”.
“The relationship of trust and confidence has utterly broken down between the parties,” Blackburn said. “It’s a hopeless situation and it’s seriously put to the court that they … might get an order for the parties to co-operate together for the next nine years.”
Stewart signalled he found that persuasive, saying it may be that a judge would be “highly unlikely” to grant an order forcing ARN to take Sandilands back on to KIIS’ airwaves.
Arriving outside court earlier in the morning, Sandilands stepped out of a black 2004 Rolls-Royce Series 1 Phantom emblazoned with the number plate KS20. He told a media scrum that his legal dispute with ARN Media was “pretty ugly” and that he wanted to get back on air to boost ARN’s share price.
He was trailed into the building by dozens of reporters, photographers and videographers, adding that he and Henderson, so close for nearly three decades, had not spoken.
ARN tore up Henderson’s contract in early March this year after she allegedly refused to work with Sandilands because of his conduct towards her. Two weeks later, it scrapped his contract as well after he was unable to “remedy” what it said was serious misconduct on his part, stemming from his on and off-air behaviour toward his former co-host of 25 years.
Not long after, both stars sued the company in separate attempts to claw back the majority of the $100 million contracts they had each signed and which began just over 14 months ago.
As ARN filed its defence to the court to both matters on Tuesday this week, this masthead revealed the company is also suing both former employees and their private companies in a pair of counter claims, citing lost revenue and profits as a result of the show blowing up, largely due to alleged “systemic bullying” on behalf of Sandilands towards Henderson.
The car Sandilands arrived in, reportedly one of several Rolls-Royce in his ownership, is worth up to $1 million.
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