Alan, a famous singer, has entered into a contract to perform concerts at Melbourne's Festival Hall three nights in a row. Unfortunately on the day of his first performance he becomes ill. Alan experiences ful-like symptoms: a high temperature, loss of voice and heavy muscular pain. He is ordered to bed for at least 5 days by his accompanying doctor.

The concert promoters, Ace entertainment, are required to cancel all three concerts and refund the ticket sales that amounted to over $700,000 for each performance.

Ace expected to make a significant profit from the concerts. They want to sue Alan for breach of contract.

Will Ace entertainment win if they sure Alan for breach of contract?