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Judge Says Jacobsen ‘Bulldozing’ Court
Lawyers for veteran Australian concert promoter Kevin Jacobsen have asked for an adjournment in a legal battle regarding the fate of his Arena Management company, which ran the
The hearing was to begin March 22, but Jacobsen was in New York tending to another dispute regarding his “Dirty Dancing” musical production, according to the Sydney Morning Herald.
Jacobsen has called for the removal of Arena Management’s official receiver, Randall Joubert, who accused Kevin and son Michael Jacobsen of treating the company as a personal piggy bank and of trading while insolvent.
Removing Joubert would stifle efforts to pursue Jacobsen and son Michael for allegedly trading while insolvent.
Jacobsen’s lawyers reportedly say they were hired just a week ago to run the case, and that no lawyer would be willing or able to handle it without an adjournment.
Upon hearing it would take Jacobsen 22 hours to reach Sydney by plane, Federal Court Justice Peter Jacobsen accused Kevin Jacobsen of trying to “bulldoze” the court into granting his requests.
“Mr. Jacobsen goes to the U.S. knowing these proceedings are on and he’s not here for the start,” Justice Jacobsen said, according to the Herald. “A plaintiff who goes overseas and is not here for the first day of a trial can make an application saying, ‘My case was badly prepared; I want an adjournment.’
“Why isn’t that pointing a gun at the court’s head, saying ‘Give us an adjournment. It can’t go on?’”
Joubert’s lawyers call Kevin Jacobsen’s application “’vexatious and frivolous” and said his whole case is futile and “’shambolic,” according to the Herald. They argued it should be thrown out.
Justice Jacobson told the parties they should assume a hearing would start the following day, but has left the door open to grant the adjournment.
Arena Management’s creditors elected last summer to liquidate the company, which had debts amounting to reportedly more than $8 million.
At the time, Kevin Jacobsen told Pollstar his company was unable to turn a profit while operating under strict conditions from the Sydney Harbour Foreshore Authority.
The venue has continued operations under Darling Harbour Convention and Exhibition Pty. Ltd. and general manager Steve Romer.