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James Warburton backs Harold Mitchell in Tennis Australia negotiations

"I certainly never got the sense Harold was ever favouring one side over the other," says former 10 CEO James Warburton.

In documents filed in the Federal Court this week, former Free TV Chairman and industry ad man Harold Mitchell and former Tennis Australia director Steve Healy have denied claims they acted improperly during the negotiations over Australian Open broadcasting rights.

Last year the Australian Securities and Investments Commission alleged they withheld material information from the Tennis Australia board when the board made its decision to award the 2013 broadcast rights to the Seven network.

Mitchell (pictured) was accused of passing on to the Seven Network confidential information and failing to inform the board that Seven were concerned about the interest of Network 10 and US media group IMG.

Tennis Australia awarded Seven the Australian Open domestic broadcast rights for five years in 2013 for $195 million. 10 had indicated it was prepared to offer up to $250 million.

According to the Sydney Morning Herald, James Warburton, who was then CEO at 10 during the time of the rights negotiations, said yesterday, “I certainly never got the sense Harold was ever favouring one side over the other. For an outsider to understand a high stakes media rights negotiation when not in the rough and tumble of real time is nigh on impossible.”

Mitchell denies any interference and will be represented by barrister Matthew Collins, QC, and Gilbert + Tobin led by partner Janet Whiting.

The trial is expected to begin in 2020 with another hearing on May 17.