Melbourne’s theatres attempt to claw back $20m after ‘mega losses’

Republished: The Age; auth David Estcourt, view full article here.

The owners of several of Melbourne’s iconic heritage theatres have mounted court action against their insurers to recover more than $20 million after high-profile shows including Harry Potter and Moulin Rouge! were put on hold due to the COVID-19 outbreak.

Ticket sales and booking revenue at the Princess Theatre, the Comedy Theatre, the Forum Theatre, Regent Theatre and CBD wedding venue the Plaza Ballroom evaporated as Victoria went into lockdown.

Reopening of the Australian company of Harry Potter and the Cursed Child in 2021. JIM LEE PHOTO

The venues, owned by Marriner Group and operated by mogul Jason Marriner, filed a lawsuit at the beginning of September against Ansvar Insurance asking the court to grant them $20,403,965 to cover all venues under their business interruption insurance policy.

Ansvar has not filed a defence but other insurers have claimed that business interruption policies were not supposed to apply to pandemics, and were instead designed for events like blackouts and floods.

An excerpt from the Victorian Department of Jobs, Precincts and Regions’ economic audit of the show’s first year estimated the annual benefit to be $244 million.

The Regent Theatre on Collins Street, also part of the lawsuit, was due to start Moulin Rouge! The Musical!  in August.

Moulin Rouge! The Musical’s 220-kilogram elephant was carved from Styrofoam with a chainsaw. STEVEN GRACE

Documents filed in Victorian Supreme Court last week claim the venues began losing money when restrictions were first announced in March last year.

“Marriner Group’s losses are in excess of $20 million,” Danielle Snell, of Elit Lawyers, told The Sunday Age.

“This is relative to the mega losses that have been sustained by the broader hospitality and entertainment industry in Victoria as a result of what we now know is the world’s longest COVID-19 related lockdown.

“It is important that the culture of Melbourne is reinvigorated as soon as possible and with that comes the processing and finalisation of business interruption insurance claims for Victorian businesses.”

Jason Marriner from Marriner Group which owns Melbourne’s Princess Theatre, the Regent Theatre, the Forum, Comedy Theatre – pictured at the Regent Theatre. SUPPLIED

A spokesman for Ansvar said it would be inappropriate to discuss specific policies and individual claims circumstances.

In June, business owners moved closer to claiming payouts after the High Court rejected a bid by insurers to shield themselves from claims made by firms impacted by lockdowns throughout Australia.

The firms had taken out business interruption policies that the insurers argued were intended to exclude pandemics.

The Insurance Council of Australia, who was backing the High Court challenge on behalf of insurers, estimated the issue affected more than 250,000 policies and $10 billion in claims.

Despite the High Court decision, insurance industry executives told a parliamentary committee in June the ruling on its own would not lead to a large number of claims being paid.

After a year when the lights went off, the theatres were gearing up for a big 2021, including musical comedy Six, which gives a voice to Henry VIII’s six wives was promising to be a hit and was expected to return to the Comedy Theatre in late 2021.

Share
Email
Print

Get in touch

With us personally, it is just one more way we’re different.

Danielle Snell

CO-FOUNDER AND MANAGING PARTNER

.

Robert McGirr

CO-FOUNDER & PARTNER

.

"

"Danielle guided us through the entire process with confidence and transparency, ensuring we always felt informed and supported."

Insurance Law

Plaintiff

We had an outstanding experience working with Danielle. From the very beginning, she demonstrated exceptional professionalism, clear communication, and a genuine understanding of our situation. She guided us through the entire process with confidence and transparency, ensuring we always felt informed and supported.

What truly stood out was her ability to achieve a fast resolution while securing the exact outcome we were hoping for. Her expertise and strategic approach made a stressful situation significantly easier to manage.

Equally impressive was Danielle’s compassion and friendliness. She took the time to listen, showed real empathy, and made us feel like more than just another case. We always felt valued and reassured

"

"Danielle kept me well-informed and involved, ensuring I was aware of all my options throughout the legal process"

Insurance Law

Plaintiff

Danielle Snell and the Elit Lawyers team acted for me on a high value insurance claim after insurers denied me all cover after my aircraft was damaged during the filming of a Hollywood movie. Given that insurers denied me all cover and offered to pay zero, with Danielle and team’s guidance, I issued proceedings in the Supreme Court of Victoria – Insurance List against the insurers involved. Danielle kept me well-informed and involved, ensuring I was aware of all my options throughout the legal process.

This was a stressful period for me, but I always felt confident and supported . I was happy to resolve the case prior to trial which involved a pay-out by the insurers. I felt confident to take on the insurers with the representation and support of Elit Lawyers and it proved to be the right move as I was ultimately paid out under my policy which was very different to the insurer’s original decision to pay me nothing.

"

"Within days, the podcast episode was removed and I was also given an apology, undertaking and some payment towards my legal costs"

Defamation – CEO

Plaintiff

I highly recommend Danielle and her team to anyone needing to fight defamation matters, they achieve results! I was defamed on a podcast which was published on various forums. The Elit team prepared detailed Concerns Notices to the original publisher and also to the podcast operator and other forums the podcast was published on.  Within days, the podcast episode was removed and I was also given an apology, undertaking and some payment towards my legal costs. Thank you to the Elit team for helping me with this personal matter.

– CEO 

"

"On advice from Danielle and Mark, I sued the insurer in the Federal Court Insurance List and a settlement was reached within a couple of months!"

Insurance Law

Plaintiff

One night, thieves broke into my home through the garage and stole my car whilst my wife and kids and myself were all in the house. They then abandoned and set the car on fire, resulting in a total loss. My insurance claim was denied because the car was parked in the driveway instead of the garage. On advice from Danielle and Mark, I sued the insurer in the Federal Court Insurance List and a settlement was reached within a couple of months!

"

"Aggie kept me well informed at every step and her supportive and approachable manner made a very stressful period in my life far easier to navigate."

Family Law – Property

Plaintiff

I’m very thankful that my financial planner referred me to Aggie Vlahos. She guided me through negotiating, documenting and completing my family law property settlement with my ex. Aggie kept me well informed at every step and her supportive and approachable manner made a very stressful period in my life far easier to navigate. Would absolutely recommend.

 

"

"I was grateful for Aggie’s expert advice, patience, and support during my family law court case"

Family Law

Plaintiff

Aggie acted for me in relation to my litigated family law matter – during an intense and difficult time in my life.  I was grateful for Aggie’s expert advice, patience, and support during my family law court case which we were able to resolve positively at mediation. I would strongly recommend Aggie and her team to anybody needing legal assistance with their family law matter.

 

Can't find what you're looking for?

Search