VICTORIA, BRITISH COLUMBIA (CelebrityAccess) British Columbia Supreme Court Judge Paul Pearlman recently dismissed arguments made by Ticketfly, which has been attempting to collect funds from the trustee of the failed Pemberton Music Festival.
The Pemberton festival was to take place near Whistler, B.C., last May with headliners Muse, Chance The Rapper, and A Tribe Called Quest but was canceled just prior. Fans who paid via credit card were refunded, but the credit card companies charged the festival’s ticketing source, Ticketfly.
In turn, Ticketfly has been attempting to recover the charges from the festival’s trustee in bankruptcy, Ernst & Young. That trustee wasn’t prepared to put Ticketfly in front of other creditors, according to Straight.com, so Ticketfly took the accountancy to court alleging “unjust enrichment.” Ticketfly’s owner at the time, Pandora, argued “the debtors misled the ticket-purchasing public.” It further claimed that Pemberton’s promoters, Huka Entertainment, misled the public “by authorizing the sale of tickets when they had no firm intention of proceeding.”
Pearlman, however, dismissed the arguments ruling evidence fell short of “establishing bad faith or other misconduct.”
Ticketfly, in essence, has been stuck with the tab pending bankruptcy proceedings, according to the ruling.
The ruling also made clear that Pemberton was not a money-making venture, with the festival losing $14 million in 2016 despite headliner Pearl Jam, and $16.8 million in 2015.