Man Sebastian had a lot cash coming in from so many sources the music star says he didn’t discover virtually $1million lacking from his checking account for years.
The Australian Idol winner and choose on The Voice had fully trusted his supervisor to maintain him knowledgeable of his numerous incomes and pay him what he earned.
That belief is now gone and Sebastian’s supervisor Titus Day is accused of embezzling not lower than $886,175.10 from his marque consumer over seven years.
Day is going through trial earlier than a jury in Sydney’s Downing Centre District Court docket the place Sebastian has been giving proof in opposition to him this week.
The 49-year-old superstar agent has pleaded not responsible to 50 costs of embezzlement as a clerk or servant, and 50 various counts of stealing.
Man Sebastian had a lot cash coming in from so many quarters the singer mentioned he didn’t discover virtually $1million lacking from his checking account for years. The Australian Idol winner is pictured together with his spouse Jules
Sebastian had trusted his supervisor Titus Day to maintain him knowledgeable of his earnings and pay him accordingly. Day is now accused of embezzling not lower than $886,175.10 from his marque consumer over seven years. Sebastian (left) and Day are pictured
The fees relate to allegedly lacking royalties, efficiency charges and cost for an ambassadorship that Sebastian earned between 2013 and 2020 however says he didn’t obtain.
Day is accused of ripping off the Battle Scars singer 50 instances for particular person sums starting from $361.34 to $187,524.42 by not transferring funds into his ‘Guytunes’ account.
That high determine comes out of the $494,360 price Sebastian was paid to help Taylor Swift on the four-city Australian leg of her 2013 world tour, which ought to have been among the many most memorable performances – and paydays – of his profession.
Sebastian claims one other efficiency price of $125,176.06 was by no means remitted, in addition to an ambassadorship value $57,086.93.
The courtroom case has pitted two males who had been as soon as extraordinarily shut in opposition to one another and dragged of their wives, who had additionally been mates. And it has revealed Sebastian might command greater than $50,000 to play a marriage.
There isn’t any hiding the celebrity of the Crown’s star witness, with prosecutor David Morters SC describing him to the jury as a recording artist and performer ‘whose identify you’re in all probability all aware of’.
Whereas it’s Day who’s on trial, Sebastian has been pressured to disclose intimate particulars of his funds, together with generally astronomical charges for performances and so-called ‘contra’ offers.
Sebastian has a ‘contra’ take care of Toyota below which he performs live shows and seems at charity occasions. He’s not paid cash however has the usage of a LandCruiser which is often changed. Sebastian’s spouse Jules has a LandCruiser Prado below the identical deal.
Sebastian didn’t agree with Day’s declare he had negotiated a discount in charges from architect Joe Snell who designed his multimillion-dollar Maroubra house. ‘It really works for Mr Snell to have a high-profile consumer to work for and do a home,’ he mentioned. Sebastian is pictured at house
Sebastian mentioned he by no means had a proper contract with Day and solely grew to become conscious of a world copyright deal he signed in 2013 two years after he sacked him in 2017.
Morters informed the jury Sebastian had not observed the allegedly lacking funds which went into accounts managed by Day whereas he had cash coming in from so many consumers.
Defence barrister Dominic Toomey SC mentioned Day might account for all the cash and steered Sebastian may need an ulterior motive for pursuing his consumer by way of police.
Sebastian had given about three hours of proof on Wednesday earlier than Decide Peter Zahra fell in poor health and the case was adjourned till subsequent week.
The 40-year-old, who’s in the midst of a nationwide tour selling his newest album and gave the impression to be concert-fit, examined optimistic to Covid on Thursday.
Singer Man Sebastian’s efficiency charges have been revealed at his former supervisor’s embezzlement trial. They included virtually $500,000 for supporting famous person Taylor Swift on the four-city Australian leg of her The Crimson Tour in 2013. Swift is pictured
Sebastian and Day: The early years
Sebastian informed the courtroom he first rose to prominence after successful Australian Idol in 2003. That title introduced a five-album take care of BMG Data (now owned by Sony) and a three-year contract with Caplice administration.
When the Caplice contract ended he joined 22 Administration, owned by agent Sean Anderson, after assembly Day via his spouse Courtney who was an artists and repertoire consultant with Sony.
Sebastian mentioned from the beginning he dealt virtually completely with Day, who’s a certified lawyer and music business specialist.
‘I believed it was truly his firm for some time till be alerted me in any other case,’ he mentioned. ‘I had little or no to do with Sean Anderson so far as my carer went.’
Sebastian had about 9 months to run on his 22 Administration contract in July 2009 when Day approached him with a proposal to depart Anderson.
‘Titus mentioned that he was beginning a brand new firm, a administration firm, and requested if I might go together with him to hitch that firm and I mentioned sure,’ Sebastian informed the courtroom.
‘He would discuss with me as his basis consumer, a consumer that he wanted to begin a brand new firm.’
Sebastian received the primary sequence of Australian Idol in 2003 over Shannon Noll, one other former Day consumer. Among the many prizes had been a five-album take care of BMG information and a three-year administration contract. He’s pictured left with Noll in Sydney in 2004
Sebastian strikes out with Day
Sebastian, who was twice reminded to talk in a loud and clear voice as he answered questions, mentioned his profession was going properly when he left 22 Administration however he was not completely comfy discussing his success so publicly.
‘I used to be proper in the midst of releasing music, I consider it was the Like It Like That album,’ he mentioned. ‘It was fairly a busy time.
‘I used to be signed to Sony Music, I’d had quite a few primary information, I feel it was two primary albums, two primary singles and a few high 5, high ten singles.
‘I used to be very pleased with what I had achieved at the moment.’
After negotiations, Sebastian agreed to pay Anderson a 15 per cent fee and Day 5 per cent till his outdated contract expired in April 2010.
As a part of the termination Sebastian agreed to carry out without spending a dime at Anderson’s fortieth party.
Day’s costs relate to allegedly lacking royalties, efficiency charges and cost for an ambassadorship that Sebastian (above) earned between 2013 and 2020 however didn’t obtain
Sebastian didn’t signal a contract with Day’s firm 6 Levels however understood a draft doc was primarily the identical as his earlier take care of 22 Administration.
He couldn’t recall if he ever despatched the draft to his lawyer and mentioned it didn’t replicate the association he and Day reached.
Sebastian mentioned he by no means accepted a ‘trailing fee’ clause of their association which might permit Day to take a proportion of his earnings in the event that they ever break up.
The ARIA award-winner described a trailing fee as appropriate for a performer reminiscent of a busker who had not but established themselves.
‘I believed that it wasn’t related to me as a result of whoever I signed to was incomes cash from day dot,’ he informed the courtroom.
When Anderson learnt there had been no trailing fee clause in his contract with Sebastian he had mentioned, ‘Who the f*** agreed to that?’
The hit-maker ought to have acquired $49,114.62 for singing at Allianz Stadium in Sydney throughout the British and Irish Lions rugby tour in 2013 however says he didn’t Sebastian is pictured acting at Recreation 3 of the 2019 State of Origin sequence at ANZ Stadium in Sydney
Sebastian mentioned he had not sighted or signed most contracts with firms utilizing his providers and barely paid a lot consideration when he did.
‘One of many advantages of my supervisor was he was a contract lawyer, so I trusted that if he put one thing in entrance of me he wouldn’t accomplish that until it was able to be signed,’ he mentioned.
Sebastian usually left Day to deal with ‘just about every part that I did professionally within the music business and with tv work.’
‘He could be answerable for organising gigs and reserving them, reserving excursions, negotiating with the document label at sure instances, mainly every part that I did professionally was finished by Mr Day and 6 Levels.’
Sebastian introduced loads of enterprise to six Levels and after the singer paid prices reminiscent of band members’ wages Day took a fee of 20 per cent plus GST.
Day (above) is accused of ripping off Sebastian 50 instances for sums starting from $361.34 to $187,524.42. He has pleaded not responsible to 50 costs of embezzlement as a clerk or servant
Large paydays and ‘contra’ offers
In addition to the large price for his spot on Swift’s four-city The Crimson Tour in December 2013 the hit-maker ought to have acquired $49,114.62 for singing at Allianz Stadium in Sydney throughout the British and Irish Lions rugby tour the identical yr.
Sebastian charged $54,341 to sing at a marriage in Jakarta in July 2017 and $10,000 for an additional marriage ceremony at Doltone Home in Sydney two months later.
McDonald’s paid the entertainer $66,000 to seem at a convention in September 2017 a month after Harvey Norman forked out $33,000 for him to carry out a gig.
The courtroom heard Day had ready a listing of ‘contra’ offers Sebastian made throughout their time collectively, outdoors financial cost for his performances or endorsements.
‘Contra is mainly an change for selling someone’s product,’ Sebastian mentioned. ‘You would possibly do a gig for someone for an change of products versus precise cash.’
Sebastian had such an association with Toyota below which he carried out live shows, appeared at charity occasions and promoted its affiliation with Nationwide Tree Day.
He was not paid cash however given the usage of a LandCruiser which was often changed. His spouse Jules had a LandCruiser Prado below the identical deal.
Sebastian was additionally given a Bluefin boat in a deal he organized himself.
‘I contacted Bluefin personally they usually had informed me they had been about to do a competition and as a substitute of shopping for a ship why don’t you carry out on the competition and we’ll offer you a ship as a substitute,’ he informed the courtroom.
If I’m going to be an envoy for one thing I need to use the gear, strive the gear, and know I truly prefer it
Yamaha, for which he was an envoy, gave him a motor to go on the Bluefin hull, ‘as a result of I’d finished some issues for them and by no means requested for cost.’
Sebastian didn’t agree with Day’s declare he had negotiated a discount in charges from architect Joe Snell who designed his multimillion-dollar Maroubra house and was a pal of his then supervisor.
‘It really works for Mr Snell to have a high-profile consumer to work for and do a home,’ he mentioned. ‘He’s an incredible architect as properly.’
Sebastian did obtain a public deal with system, headphones, audio system and amplifier from audio firm Bose, which additionally paid him $82,500.
‘If I’m going to be an envoy for one thing I need to use the gear, strive the gear, and know I truly prefer it,’ he mentioned.
Sebastian acquired a digital camera from Canon and in one other ambassadorship was given AirAsia flights in addition to $75,000. He had a Dreamworld ambassadorship value $96,250.
Sebastian is presently on tour for his latest T.R.U.T.H. album and is showing as a choose on Community Seven’s newest sequence of The Voice. Left to proper are The Voice judges Rita Ora, Keith City, Sebastian and Jessica Mauboy
The bitter break-up and ‘anomalies’
The courtroom heard Sebastian’s relationship with Day had deteriorated in 2016 they usually parted firm after a gathering additionally attended by their wives on the 6 Levels workplace in Paddington on November 14, 2017.
Morters mentioned: ‘The break-up was acrimonious, or hostile.’
The courtroom heard Sebastian subsequently discovered ‘anomalies’ in monetary information suggesting he was nonetheless owed funds by Day and sought authorized recommendation.
Sebastian allegedly recognized performances for which he had not been paid and was not happy with Day’s explanations. He launched a civil declare in opposition to Day within the Federal Court docket in July 2018.
Day made a counter declare in opposition to Sebastian alleging he was owed cash, which led to an examination of Day’s banking information allegedly revealing additional anomalies.
Sebastian informed the courtroom he solely learnt of an April 2014 take care of the Montreal-based Premier Muzik to gather worldwide copyright funds on his behalf in January 2020.
Day was arrested at his japanese suburbs house in July 2020 after Sebastian went to police.
Toomey mentioned the case in opposition to his consumer was primarily a enterprise dispute which ought to have stayed within the Federal Court docket.
Every man had claimed the opposite owed him cash, which was ‘hardly shocking’ in instances the place a industrial relationship had soured.
Toomey informed the jury that Day had a solution to each one among ‘these misconceived costs’ and people solutions had been generally clear and apparent.
‘You could ponder whether the authorities – notably the police – had been even wilfully blind to that,’ he mentioned. ‘Seduced, maybe, by Mr Sebastian’s excessive profile.
‘Certainly, you would possibly even ponder whether there was an ulterior goal on the a part of Sebastian and the police within the pursuit of legal costs.’
Day, who has additionally represented tv presenters Sophie Monk and Grant Denyer, was entrusted to handle Sebastian’s earnings. Day is pictured outdoors the Downing Centre District Court docket in Sydney