In written submissions for the hearing earlier this month, Andrew Burns KC, for FSA, said the band “deliberately behaved in a way to challenge and provoke the Malaysian authorities”, stating it was “fair, just and reasonable for the duty of care to be imposed and for them to answer for their acts of procuring breaches of contract”.
In a written judgment, he said: “It would not be fair, just and reasonable to impose a duty of care, where the substance of the duty is alleged to have been a requirement to comply with the PUSPAL guidelines and/or Malaysian laws in circumstances where (the band members) are not alleged to have known of their content.”.
In a High Court legal claim, Future Sound Asia (FSA), the festival organisers, said The 1975 Productions LLP breached their contract and that the four band members owed a duty of care.
In his ruling, Judge Hansen said that Healy was said to have drunk a bottle of wine and smoked cigarettes on stage before appearing to vomit or spit as well as deliberately damaging a drone belonging to FSA’s videographer, before kissing bassist Ross MacDonald.
In a ruling on Monday, Judge William Hansen said there was “no real prospect” of establishing that the band members owed a duty of care to FSA.
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