Thea's €18,000 nightmare
Parents shocked by move on eve of departure
Eurovision contestant Thea Garrett will leave for the contest's semi-final burdened with a garnishee order for €18,000 issued against her over an alleged breach of contract with her former manager, Grace Borg.
Ms Garrett, who is expected to leave for Oslo today to compete with her song My Dream, will effectively have any money in the bank up to €18,000 deposited in a special account until the courts decide on the case. If she goes through the semi-final on May 25, she will compete in the final two days later.
The court upheld a request by Ms Borg, a former Maltasong chairman, and Andrea Milana, co-owner of Exotique Record Label, who claim that Ms Garrett is breaching an exclusivity contract she had with them when she made certain deals with Public Broadcasting Services, which organised the local contest.
Ms Borg and her business partner will now have to proceed with action against Ms Garett within 19 days or the garnishee order will expire.
When contacted, the singer's parents, Marion and Sergio Falzon, said they were shocked by Ms Borg's move on the eve of their daughter's departure to Oslo.
"We expected the civil case already instituted to proceed normally but this garnishee order is only designed to cripple us financially and ruin Thea's experience. Why else would she wait until this moment?" Mr Falzon asked, still incredulous at what happened.
The request for the garnishee order was filed on the same day Ms Borg and Mr Milana also filed a lawsuit against PBS.
They are claiming they had signed a contract for the exclusive management of the artist and that action taken by PBS breached their exclusive rights over the singer.
PBS had given certain rights to third parties, such as to communications company Go, to use the winning song as a mobile ring tone without having the right to do so, they claimed. Moreover, a contract was signed with a foreign recording label to include the song in an album that would be sold internationally.
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David Pellegrini
May 17th 2010, 11:09
Ara Sinjuri Grace Borg u Thea Garrett, Wahda ghandha dritt li tmur tirraprezenta l-pajjiz b mohha frisk, u tistinka biex iggib posizzjoni eccellenti ghalija u ghal-pajjiz. Grace Borg ghandha dritt ghal-kumpens (Dak jiddecieduh il-Qrati). Il-Manager ta thea li fil-fehma tieghi hu il-PBS ghandu x joffri ukoll billi idur fuq l-isponsors, u jaghmel offerta lil Grace Borg. Minn naha taghha Grace Borg tirtira l- Garnishee order. Grace Borg ghandha tkun negozzjabbli fil talbiet taghha.Nota ohra L-isponsors jistghu jghatu xi forma ta Credit lil-Grace Borg, u L-PBS ukoll bhal Airtime lill-kumpanija taghha,etc etc, biex innaqqsu l-impatt tal-cash.Minn-naha taghha l-Kantanta tigi guddikata bil-performance, jekk ezempju tigi fl-ewwel postijiet ma tehel xejn jekk tinstab hatja?Hemm hafna triqat kif kullhadd johrog sodisfatt.
Kenneth Cassar
May 17th 2010, 08:55
If I were a notary, I would make a list of all the people taking the side of the breaking of contracts, and advise my clients not to sign any contracts with such people.
A person who breaks a contract (and people who think it is no big deal) should not be trusted.
steve roberts
May 17th 2010, 08:08
TRUST MATTERS
which manager is going to trust this singer? no one.
which record company is going to sign her? no one.
who is going to invest money on her? no one
I worked for 20 years as an A&R for a major label in the UK. I must admit that this business is very ruthless And to be honest this singer has no potential at all. Brushing off her manager is very bad in this business. Thea's career has came to end before it even kicked off. There are hundreds and thousands of better singers out there and no manager and no record company needs these things!
Anyway Malta will certainly finish in the bottom places. Good luck Thea, because you need it
rita cachia
May 16th 2010, 14:49
Fil board tal eurosong u le Ks Borg dejjem ghandha ma min taqbad...Din is sena Thea jmissa.Kif ghandha l wicc tghid li zzomm lil tal pbs responsabbli jekk ma jharsux sew l interessi ta Thea meta hi bghatita tirraprezentana b dak l inkwiet kollu fuq mohha! Miskina tghid ghax thobbha jew Qed tara xi qligh se jkollha!
J.Camilleri
May 16th 2010, 13:30
A contract is a contract. Everybody knows that if you break a contract there's a high price to pay for it. Little did I know that such parents are so ignorant that they sign something and pretend that they had scribbled just a piece of paper. What a great example for our future generation! Do they ever imagine if they had done so with other bigger foreign companies, thinking they will get away with it? The parents are at great fault and should have known better. Isn't it unfair of them to first let their daughter gain experience and then dump the company. Sorry but you have to face the law now. If I was in Grace position I would definately fight for my rights as well.
T.Deguara
May 17th 2010, 09:14
I completely agree with you. I have nothing against Thea but a contract is a contract and she should have honoured it!! I'm with Grace on this one
N Carsten
May 16th 2010, 07:55
Yeah Ken Nolan..and pigs flew that day.
KEN NOLAN
May 15th 2010, 19:11
I BOW TO YOUR SUPERIOR KNOWLEDGE OF THE MUSIC INDUSTRY BUT THE POINT I AM MAKING IS THAT I AM PRETTY SURE CLIFF RICHARD'S MANAGER WOULD HAVE WAIVED HIS USUAL FEE AS THE SINGER WAS REPRESENTING HIS COUNTRY. MAYBE YOU CAN TELL US IF ANDREW LLOYD WEBBER CHARGED HIS COUNTRY A FEE FOR WRITING THE U.K. ENTRY OR DID HE DO IT FREE, FOR HIS COUNTRY.
Noel Calleja
May 16th 2010, 16:57
I can assure you that Andrew Lloyd Webber never charged a penny for composing It's My Time, nor even Abbey Road Studios impose any charges on the professional recording done and not even The Really Useful Films, they did never charge a penny on the video filming and production. However, contracts are contracts and contracts are made to safe guard the investment made in place in relation to that contract. But, if I was Ms. Borg, I would have acted more wisely, rather than impose something which will or might effect her badly. And as to what Charles J. Buttigieg said, imposing an impediment on departurue, this cannot be done as it is not a criminal act that Thea has done, but a civil one.
Joe Grima
May 15th 2010, 19:06
I had the great pleasure of meeting Thea and her parents for the first time on Thursday at the recording of Norman Hamilton's Bla Agenda which will be shown tonight. Thea is a wonderful, warma nd friendly person. Her choreographer is simply a great professional guy, her backing vocalists just right and her perents very normal people, courteus and friendly. None of the people I mentioned give themselves airs. They all know they have a tough job to do and they are all determined to make it for Malta Thea doesn't not deserve this garbage on the eve of her departure. What's got into you Grace?
martin saliba
May 16th 2010, 01:04
Whats got into you joe ? you should know better. it would have been better for a man of your status to not have said anything especially in defense of someone who seems to be in the wrong
steve roberts
May 15th 2010, 18:31
Grace Borg is 100% correct
Breach of contract is a legal concept in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. If the party does not fulfill his contractual promise, or has given information to the other party that he will not perform his duty as mentioned in the contract or if by his action and conduct he seems to be unable to perform the contract, he is said to breach the contract.
The party who has suffered material damages caused by another party who breached a contract with the former has the legal right to seek compensation in a civil law suit.
D Vella
May 15th 2010, 17:52
Ken Nolan, from my extensive knowledge of the music industry,I would presume that Cliff Richard's manager,if he had one at the time,would have got his percentage, yes,and indeed why not?.Do you presume that managers/agents live on thin air,and do you think that an artist should renegade on a contract which has been properly negotiated and signed,as allegedly done by Ms Garret or her representatives, is right?
Allan Gatt
May 15th 2010, 19:23
It's 'renege', not 'renegade', Lorenzo Lamas.
Charles J. Buttigieg
May 15th 2010, 17:38
Prosit Grace,I would have done exactly the same and even imposed an impediment of departure on the singer. Instead of crying and appealing for the people's sympathies Thea should have honored her contractual obligations.
Ph.Debattista (Visiting My Parents).
May 15th 2010, 21:39
Very right too she should honour her commitments as an adult, i will for one will not be voting i'm saving the cost of using my mobile. G'day - Nevermnd people are only in the lime light for a brief period they come and go and vanish in thin air just like the last wananbee.
Ken Nolan
May 15th 2010, 17:03
Let me pose a question. When, more than 20 years ago, Cliff Richard represented the U.K. at the Eurovision Song Contest, not as an unknown but as a world famous singer, did his Manager insist on getting his cut, issuing Garnishee Orders, etc ? I don't think so. To me, this is all about greed.
Kenneth Cassar
May 17th 2010, 08:48
Depends on the contract.
Anna Farrugia
May 15th 2010, 16:07
It's not a matter of sour grapes or this, that or the other. It's a matter of Ms Garrett signed a contract. It is binding - legally, thus she has to honour it. However if she wanted to make some amendments or changes, she should have approached the other party/parties and discussed the matter like an adult. Therefore showing her true professionalism! I still wish Thea all the luck inthe world and I'll follow it from Australia, but young lady, life is tough and you'll be facing such things in the future. These will make you grow up quickly, therefore before you sign a piece of paper, weigh the pros and cons very carefully and once you decide, well so be it. Should you lose, never mind, the main thing is that you had a go, you tried. Don't blame anyone, anybody or anything not even yourself, becasue there are so many factors that can either make a win or break it! Just go there, give it your all and for that night forget the law suit - just enjoy it because it is YOUR night after all! Good luck and God bless!
r.cutajar
May 16th 2010, 12:01
Spot On and well said Ms Anna Farrugia
On the other hand how come that at PBS so experieced officials did not make the right legal moves for a mutual settlement ???
Allan Gatt
May 15th 2010, 14:53
"Why else would she wait until this moment?" Mr Falzon asked, still incredulous at what happened."
Ghax il- ligi hekk tahdem, Mister. Tistenna sakemm tkun mifni bid-daqqiet ta' ponn, imbaghad tinfexx taghtik bis-sieq.
Jekk jista jkun ipprova QATT tiffirma xejn. Il- kuntratti ibza minnhom. U jekk tingidem, itghallem mill- izball. MHUX TIRRIKORRI GHALL-IKTAR QRATI, f'gieh id-duluri. Ghax inkella c-cirku vizzjuz jispicca ikattar u jalimenta lilu nnifsu.
Themminx il-propaganda. Iftakar li l-parlamentari li ghandna kwazi kollha avukati. Isma u tghallem: 'Lawyers' houses are built on the heads of fools.'
Mur fil-paci.
A.Busuttil
May 15th 2010, 14:18
A contract is a contract
The fault is of PBS because they know better, what it means to have a managment agreement. But PBS NOW more than ever are playing like big brothers and they never wanted to listen to what Grace borg was entitle. I bet that the day after the first performance of the festival Grace borg will be kept responsible that Thea was under stress. PBS put your act in order mit tagen ghal go nar. Looking at the building of Ex Xandir one will notice the bad managment reponsable to manage PBS. other companies are making millions milking PBS prime time.
martin saliba
May 15th 2010, 12:42
For once i really hope Malta wins so that there will be enough funs for grace to collect what is rightfuly hers. With regard to the timing what did you people expect ? The timing was perfect just like why you stike to defend your rights. You strike when you are most need so as to make as negative an impact as possible and have bargaining power. Good luck grace.
Jason Aquilina
May 15th 2010, 12:42
The Dragon Lady and her minion strike again! Mr. Burns and his sidekick Smithers (from The Simpsons) pale in comparision...
Here's some words to the wise within the Maltese music community...
(A) This is 2010. If you have any pride/belief in yourselves, don't resort to selling your soul to the devil - that's old hat and totally passé. If analysed correctly and with a cool business head, the digital domain is a viable alternative to being ripped off by people who don't give a tinker's cuss about artistic integrity, and...
(B) Talking about artistic integrity, the Eurovision Song Contest is the fast track to career implosion, and is a branch of the devil's 'Sell Me Your Soul' corporation. See (A) for details...
Come to think of it, I wonder why I still bother, given that I've been preaching to the (tone?) deaf throughout the last 22 of my 38 years. Maybe hope still springs eternal after all!
D Schembri
May 15th 2010, 12:23
It is a shame what Thea is being put through but Grace Borg and Andrea Milana are correct in pursing their legal right, a contract is drawn up for a reason.
I believe PBS are at fault here and Thea is just caught up in the middle.
Renald Dalli
May 15th 2010, 12:20
I believe Grace Borg had waited enough as this thing has been going on for a long time now. I believe that the fault is mainly of Thea's parents who first signed a contract and then they dediced to go their way.
We have to learn and respect all the legal issues on this happening before putting all the fault on Grace Borg.
Roderick Micallef
May 15th 2010, 12:13
This is a typical example of 'make sure you know what you are signing for before you actually sign' case, it is irrelevant whether this garnishee order is only designed to cripple Thea financially and ruin Thea's experience.
If there was an agreement and the agreement has been broken then who ever broke the agreement must pay the consequences whether it's on the eve of the departure to Eurovision or not.
What is interesting to realize, is the fact that the musician himself is liable and not only PBS, every one has to remember that music is at the end of the day a business, an industry that is there to make a profit (just like any other business).
At least now most of the population will be able to point fingers at this issue if Thea doesn't place well, I can already hear most of us saying 'aahhh, mhux ovvja li giet l-ahhar jekk kellha l-hsieb tal-18,000 euros'. However for me that will only be a confirmation of how unprofessional the Maltese are, we are a nation with apathy as a vision and everything is fine, the famous saying 'u iva, mhux xorta!' for most of us!
J.Agiua
May 15th 2010, 11:48
Min jhawwad fil borma jaf x'fiha.
J.Agius
Renald Dalli
May 15th 2010, 11:45
I believe Grace Borg had waited enough as this thing has been going on for a long time now. I believe that the fault is mainly of Thea's parents who first signed a contract and then they dediced to go their way.
We have to learn and respect all the legal issues on this happening before putting all the fault on Grace Borg.
Melvyn Mifsud LLD
May 15th 2010, 10:28
Anything regarding Malta and Maltese always made be proud. Thea has a dream - that of making My Dream greatly liked by as many people as possible.
Passing through the semi final stage as well as perfoming well and being appreciated in the second stage, is all we dream of now. This is the immediate hurdle - I hope she and the Maltese
contingent focus totally and solely on that. Other matters may be dealt with in due course - on the lines established.
At this moment let our ambassador move on to making us proud as others like mary Spiteri, Ira Losco and Chiara have done before.
All I dream for now is a decent placing - This is only what counts. now.
The .... you can do it.
Joseph Micallef
May 15th 2010, 10:43
Imagine yourself in her shoes - going to perform in the Eurovision with the thought of having 18000 euros taken away from you - or your parents! Imagine how happy to sing you will be with such a burden on your mind! Such a burden can make all the difference from a good performance to a miserable one! Grace Borg could have been a bit more reasonable and waited a bit more to take action - justice would still have been made!
John Ebejer
May 15th 2010, 16:18
But what 'ambassador'????????? She is not representing a country and she's not in the diplomatic corps! Let's call a spade a spade. It's just a highly-publicised song contest and nothing else.
@ Joseph Micallef: You have no right to speak like that. You have no right to judge. If it had been YOUR POCKET that was 'touched', you would have sung a different tune!
R.Pierre > English student
May 15th 2010, 22:11
Joseph @sing a different tune would not be necessary, taking the shoes off and humming would be enough.I thought the Maltese are for this girl, instead i read alot of negative comments thrown at her. Why? after all she is representing her country, well come to think about it its not worth the trouble. Robert Pierre French student
John Ebejer
May 15th 2010, 10:10
It's not a question of 'sour grapes'. It's a question of legality. The specifics of the case are not out - but we have to protect minors from such contracts, and protect them from their parents, sometimes, too. From the looks of it - from just the looks of it - it appears that Thea benefited from Grace Borg and Co, but when it came to the crunch, she ignored the company that helped her. No, it is not a question of sour grapes. I have no love for Grace Borg but fair is fair. There is either a contract or there isn't.
Ian Pace
May 15th 2010, 12:00
Well said.
edward bartolo
May 15th 2010, 14:09
This ridiculous attitude that humans become adults overnight is contrary to what happens in reality. Maturity doesn't come overnight and the law is laughable to assume that.
Wilfred Camilleri
May 15th 2010, 14:29
It doesn't matter how old you are when ti comes to legal contracts. Her parents must have known that when you sign a contract, you are bound by it. The blame should rest on the person(s) who broke the contract.
EDWIN DE MARCO
May 15th 2010, 09:16
Clearly a case of sour grapes. The best of luck Thea!
charlie Spiteri
May 15th 2010, 09:35
Iktar ma jghaddi ż-żmien, iktar naraw min verament iħobb lil Malta u lil Maltin li jagħmlu isem għaliha u kburin biha u min verament iħobb lilu nnifsu sa jasal biex jagħmel minn kollox għall-flus anke jkasbar l-isem art twelidu. Shame. Naqbel perfettament miegħek.
mary Pace
May 15th 2010, 13:38
I bet you my last cent,that ,if she doesn't go through to final ,or if she does & don't come in the first 10 place, she will say her mind was on the law suite!!! she have to blame something or someone, I wish her luck, but I don't think , she even goes through to final!!!! As for grace Borg I would have done like she did (maybe not on the eve of Thea departure) but a contract is a contract, If she didn't win to go for the eurovision song contest, she's still with Grace Borg!!!!!!! she won & thea warbet lil Grace Borg ghax qed tara KBIR!!!!!
Frans Gauci
May 15th 2010, 15:51
Naqtawha din li il-Ewrovision hu xi ezami ta' kemm ahna patrijotti. Jien taf kif inhobb lil Malta? Billi ma nitfax zibel barra, billi inhallas it-taxxi kif suppost, u billi nirrispetta lil haddiehor. L-Ewrovision jarah min irid imma jien nigi naqa u nqum minnhu u b'daqshekk ma jfissirx li Malti inqas minn haddiehor.
T. Scerri
May 15th 2010, 16:04
@ mary Pace
I repeat what Mr. Edwin De Marco said in his statement....
Clearly a case of sour grapes. The best of luck Thea!
marthese mussett
May 16th 2010, 09:09
'Frans GauciDAK hu r rispett,u l imhabba lejn pajjizna,.naqbel mieghek mija fil mija,U li ma naghmlux hsara wkoll.