Live Events issued notice over Enrique concert

Live Events (Pvt) Ltd, which organized the recent controversial concert by pop singer Enrique Iglesias in Colombo, was today issued notice by the Colombo District Court to appear in court on April 26 over legal action filed by two concertgoers. 

Following are exerpts of a statement sent by attorneys appearing on behalf of the plaintiffs:

Nishan Premathiratne and his wife, both Attorneys at Law instituted two separate actions in the District Court in Colombo against Live Events (Pvt) Ltd, the organizers of the “ENRIQUE IGLESIAS – SEX AND LOVE” concert which was held on the 20th of December 2015 at the CR & FC grounds seeking for damages for the breach of contract and also an injunction on the reduction of the assets of the aforesaid Company owing to a threat that the company might alienate assets to defraud a judgment of  the District Court.

President’s Counsel Kuvera de Zoysa submitted to court that the Plaintiffs are both purchasers of premium VIP tickets for Rs. 35,000 each and the entire case  exclusively pertaining to the harassment, mental distress and displeasure caused to them as attendees to this concert had been admitted by the Defendant Company in their admission by way of a notice in rem to the general public made on the 28^th December 2015. 

The President’s Counsel submitted that there is ample authority in law and cited numerous case law to show that when the object of the contract between two parties is for pleasure, enjoyment, entertainment, breaches which result in causing mental distress, turmoil, harassment in contracts of such nature the Plaintiff is entitled for damages.

Furthermore, the President’s Counsel further submitted that pursuant to the public outcry in respect of the 20^th December 2015 concert which was organized by Live Events(Pvt) Ltd and that considering the conduct of the company in respect of the Colombo Municipalities position,in understating the amounts of tickets to the Colombo municipality Council, failure to reply to the Plaintiffs’ Letter of Demand moreover, considering the fact that though the Defendant gave a public apology and agreed to compensate premium ticket holders who were subjected to serious difficulties nothing of that manner has been seemingly effected. The President Counsel further submitted that there is a serious risk that a company of this nature which was incorporated very recently having its first event being in this manner substandard would conduct itself in a manner to defraud a judgment of Court by alienating its assets. Court was also of the view that the Plaintiff was not in a position to ascertain specific assets of the Defendant.

Considering the aforesaid facts the judge thereafter proceeded to issue notice on Live Events (PVT) Ltd to show cause as to why an interim injunction should not be issued to prevent the alienation of its assetsalong with summons to answer to the Plaintiffs claim on the 26^th of April 2016.

President’s Counsel Kuvera de Zoysa along with Attorneys at law Amrith Rajapakse, Kushan Illangathilaka, Yasith Hirimburegama and Janith Fernando, appeared for the Plaintiffs on the instructions of Sanjay Fonseka.

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