Kyle Sandilands has hinted that he could defect to a rival network after he appeared in Sydney’s Federal Court on Friday as part of his legal fight to be put back on air.
Mr Sandilands was met by a media throng as he entered the court complex; however, there was no sign of his former co-host Jackie Henderson.
Both are suing ARN Media, and its subsidiary Commonwealth Broadcasting Corporation (CBC), after having their 10-year, $100m contracts torn up earlier this year following a spectacular on-air bust-up during which he accused her of being “off with the fairies”.
Both matters came before Justice Angus Stewart for a case management hearing as Mr Sandilands’ legal team argued for an expedited hearing as part of his desire to be reinstated and get back behind the microphone.
Asked if he had a message for ARN, Mr Sandilands said outside court: “Put me back on the radio, let’s get the share price back up.”
He also had a pointed message for the network on the way out of court, hinting he could sign with a rival network.
“There are other options that work … That’s not the only radio station in the world,” Mr Sandilands said as he climbed into a waiting black Rolls Royce.
The court was told that Mr Sandilands’ side was pushing for his case to be heard as soon as possible.
Justice Stewart previously reserved five days, starting on June 22, for a possible hearing.
Mr Sandilands’ barrister, Scott Robertson SC, argued that the matters could be heard consecutively as long as it didn’t delay his client’s case going to trial.
Mr Robertson told the court that his client was “highly likely” to admit to have engaged in the “core conduct” that was at the centre of the case.
But he argued that it did not amount to serious misconduct because of the nature of Mr Sandilands’ contract.
“Now, our short position in relation to the series misconduct question, generally, is to put it bluntly – if you buy Kyle, you get Kyle,” Mr Robertson said.
“The kind of conduct in which he engaged was conduct that was desired, contractually designed and indeed was monetised.”
He argued that Mr Sandilands had a “very special” kind of contract.
“It had a special immunity in relation to particular kinds of conduct,” Mr Robertson told the court.
Barrister Tom Blackburn SC, acting for CBC, told the court that his client agreed with Ms Henderson’s characterisation in court documents that Mr Sandilands’ conduct amounted to “workplace bullying”.
“Our case is that those incidents amount to serious misconduct,” Mr Blackburn said.
“Now, in both cases, Your Honour, the court is going to have to look at that conduct, characterise it, to reach conclusions about it and find facts about them.”
He argued that the facts found in one case may be different from facts found in other proceedings.
Ms Henderson has meanwhile argued that she was owed $82m relating to the remainder of her contract.
In court documents, Ms Henderson has claimed that she twice complained to ARN Media – KIIS FM’s parent company – in the months leading up to their on-air argument.
According to court documents, Ms Henderson sent a “complaint letter” to KIIS’s parent company saying she could not continue to work with Mr Sandilands.
The court was told that Ms Henderson’s legal team would be calling expert medical evidence, but only in relation to harm allegedly caused by her contract being terminated.
Ms Henderson’s barrister, Vanja Bulut, told the court on Friday that her client would prefer not to be in the same courtroom as Mr Sandilands.
“We do raise that as an issue. My client’s preference is not to be in an enclosed space for weeks on end (with Mr Sandilands),” she said.
Outside court, Mr Sandilands called that claim a part of Ms Henderson’s “legal strategy”.
“They say they don’t want to be in the same courtroom, that’s their legal strategy,” Mr Sandilands said.
“We’ve got a different legal strategy. Just don’t believe the bullsh*t that you hear and read, just wait until you see what came out.”
Justice Stewart told the court that it was likely that both matters would be heard together and tentatively set down an October hearing date.
In his statement of claim lodged with the court, Mr Sandilands has argued he often played the role of the “dominant and abrasive personality” on the Kyle and Jackie O Show, and that his comments to his co-host were “congruent” with the “robust character that CBC desired.”
He claims his sacking was invalid as there was no act of serious misconduct or contract breach.
Court documents have revealed that in a complaint letter sent to ARN, Henderson alleged she was “attacked and bullied on live prime time radio” and she had been left “psychologically unwell” after being “defamed and humiliated”.
In its defence filed with the court, CBC, said that it entered into a contract with Henderson’s company, Henderson Media, for her to present the Kyle & Jackie O Show.
ARN argues that Henderson Media and Sandilands’ company, Quasar, were “solely responsible for controlling the manner in which it provides Program Services” for the Kyle and Jackie O Show.
“Consequently, once any broadcast began, CBC had no ability or power to contemporaneously prevent Mr Sandilands from engaging in bullying or other unwanted conduct towards Ms Henderson,” the company said in its defence filed with the Federal Court.
CBC is also countersuing Mr Sandilands and Ms Henderson seeking damages for breach of contract and loss of advertising revenue.
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