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Seven vs Mel B: the small print

Nine agreed to pay costs for Mel B should any legal case arise against Seven.

2013-04-20_0109The judgment in the legal case between Seven and Melanie Brown gives us a fascinating insight into the dealings between the two parties.

On Thursday Justice David Hammerschlag ruled in favour of Seven, preventing Brown from appearing with Nine this year for Australia’s Got Talent. He acknowledged she had a contract with Seven: “Seven was keen, and I accept remains keen and willing, to employ Mel in the manner originally contemplated. The problem is with Mel.”

He also found Seven’s Head of Production Brad Lyons to be a plausible witness while Brown’s husband and manager was “an unsatisfactory witness. He was evasive and unclear and gave inconsistent evidence. He displayed a propensity to say inaccurate things on the spur of the moment.”

Amongst the other findings we learn that:

  • Brown and Belafonte had trouble getting a visa for their nanny who overstayed her visa last time. They wanted Seven to employ her in order to get her back into the country.
  • Brown did not get on with Daniel MacPherson, host of Dancing with the Stars.
  • Nine had agreed to pay and legal costs incurred by Brown, should any legal case arise

 

30. Therese Hegarty says that after her first email, Stephen Belafonte rang her and informed her that their nanny had overstayed her previous visa in Australia, that they were having difficulty getting a visa for her to come to this country again and that Seven needed to employ and sponsor the nanny to enable her to obtain a visa into Australia. Therese Hegarty says that she responded that she was not familiar with the requirements of sponsoring the nanny into Australia and that she would refer the matter to Jane Oswald, Seven’s lawyer. She requested Stephen Belafonte in the meantime to send through the nanny’s curriculum vitae. Jane Oswald gave evidence that Therese Hegarty told her about Stephen Belafonte’s request and that she thereafter discussed it with Mel’s immigration lawyers.

In a December phone conversation:

LYONS: Well look, we are very keen to exercise Mel B’s option on X Factor. She’s done a great job.

BELAFONTE: What is happening with Dancing with the Stars? Is Daniel MacPherson involved?

LYONS: Look, Dancing with the Stars is up in the air at the moment because of timing issues but it is going to be coming back and Daniel will be a part of that. Look, I know Mel wasn’t happy on that show and she didn’t have a good experience so why don’t we drop Dancing with the Stars and just say that Mel can do X Factor for the increased amount in the option.

BELAFONTE: Mel wouldn’t really be keen on doing Dancing anyway if it didn’t come back in a different form. So are you saying just one show for the increased figure, being X Factor, instead of two?

LYONS: Yeah, that’s what I’m saying.

BELAFONTE: That sounds great, let’s do it.

91. Secondly, in their conversation on 17 December 2012, Stephen Belafonte enquired as to what was happening with the deal and Brad Lyons informed him that Seven was keen to exercise the option. Stephen Belafonte raised the difficulty Mel had had with Daniel MacPherson and this was resolved by clear consensus that she would not go back on Dancing with the Stars but would still be paid the increased fee as if the option had been exercised without variation.

77. On 14 March 2013 Osiris and Mel signed a written agreement with Nine under which Osiris agreed to furnish the services of Mel, which obligation Mel agreed to guarantee, to appear on Australia’s Got Talent during 2013. Mel must be in Australia for both audition episodes and live episodes over a period of 91 days. Under the agreement Nine has given an indemnity to Osiris and Mel against costs including, but not limited to, legal expenses, damages and the amount of any settlement arising out of a claim by Seven in respect of Osiris providing her services to Nine.

You can read all the ruling here.

11 Responses

  1. I may not have read everything but how long is this contract enforceable?
    After the unprofessional seemingly underhanded way that Belafonte behaved she may very well have to contend with getting another baby daddy signature if she ever decides to work here again.

  2. Just read the whole decision and it’s very interesting to see what actually happened and the various conversations between the parties.

    @Carta Yes Nine was the ‘third defendant’ in this case but if you read the judgement they hardly even get a mention as the original contracts in question were between Mel B, Osiris & Seven. Though I will concede that they were probably aware of what was going on yet were willing to proceed.

    Wonder who they will get now to fill her place on AGT?

  3. I’d say Stephen Belafonte is not going to be very popular with his wife over this. He probably told Mel that he had everything under control and she trusted him (why wouldn’t she? He’s her husband and her manager). Mel’s not the bad guy that many are making her out to be – she’s been made to look bad by the questionable actions of her manager, though. Contrary to earlier reports, Nine actually were defendants in this case, and they were also aware that their deal with Mel could prove to be problematic, so they’re definitely not an innocent party (and will end up paying for their involvement).

  4. Seven let her out of Dancing With The Stars without reducing the payment. They then let her out of The X Factor on condition that she didn’t appear on a rival TV network in Australia.

    Her manager lied and tried to claim the agreement they reached was not valid, the court found it was. And he also got Channel 9 to agree to wear any liabilities like legal costs that would result.

  5. Finding this all very interesting, I wish information like this was available more often.

    Interesting about Dmac, I can’t picture him not getting along with someone.

  6. Well thank God she is not going to be doing Dancing With The Stars again. Didn’t realise she didn’t get on with Daniel MacPherson. I would imagine the problem would have been her not him, as he seems to be pretty easy going.

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