Tribunal orders Bluesfest to pay 75% refund to stallholders over cancelled 2020 event

The NSW Civil and Administrative Tribunal has ordered the organisers of Bluesfest at Byron Bay to refund 75% of the fees paid by 11 stallholders for the cancelled 2020 festival.

The Tribunal handed down its decision after Bluesfest appealed against a ruling that it should provide a full refund of $90,000 to stallholders.

The solicitor representing the stallholders, Mark Swivel, said his clients felt the decision to refund $67,000 was reasonable and fair under the circumstances.

As reported by ABC North Coast, Swivel stated “the appeal panel decided Bluesfest could retain some of the money to cover the costs of setting up the festival

"75% is a whole lot better than nothing, but some of them will be disappointed they didn't get the whole amount."

The 2020 Bluesfest was due to begin on 9th April last year, but was cancelled just days before because of the Coronavirus pandemic.

Cajun Kitchen food van owner Paul Briggs, who paid $13,300 to trade at the event, said he was satisfied with the tribunal's decision, commenting “it's been two years since those fees were paid upfront in full and in good faith.

"So to get 75% back is the best result we've had so far."

However, Briggs said time could have been saved, adding "I put an offer to Bluesfest 18 months ago that we would accept 75% of fees returned.

"We never had a response at the end point.

"We had 11 other festivals we were booked for and paid up for, and this is common for most stallholders at the time, all of whom were refunded no questions asked, except Bluesfest.

"I think all of us involved in this action have gone through a whole range of emotions from disappointed and appalled."

Briggs said he would not return to Bluesfest as a stallholder unless the organisers changed their refund policy.

Swivel is also representing another seven stallholders from this year's festival who are trying to recover their money.

That case is scheduled to be heard by the tribunal in November.

Bluesfest has the right to appeal the decision.

Image: Stalls at Bluesfest.