It was supposed to be a celebration of African music, style and culture at a popular Melbourne nightspot.
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Instead, Africa Fest at Inflation nightclub became a flashpoint over racism and discrimination against people of an African background.
It's been a long road to justice for Antony Kwenda Obudho, who performs as DJ Kwenda, who has been fighting a six-year legal battle to have the racial discrimination he and others suffered recognised by the courts.
The Victorian Supreme Court on Thursday ruled that the owners of Patty Malones Bar (which trades as King Street's Inflation nightclub) had discriminated against Mr Obudho, when it cancelled his planned event just five days before it was due to take place.
Mr Obudho ran a business called IDJS Entertainment, which ran and promoted African-themed nights at nightclubs and other venues.
Mr Obudho's wife and business partner Kylie Steponavicius contacted Patty Malones in September 2011 to book a room in the venue in October.
But five days before the planned Africa Fest was due to take place, Ms Steponavicius spoke to Inflation employee Bill Gianoulas, who said the venue was cancelling the booking.
According to Supreme Court Justice Karin Emerton: "Patty Malones had learned belatedly that the proposed event was to be an African music event called 'Africa Fest'."
Mr Obudho had to suffer not only the upset and humiliation of having Africa Fest called off, Justice Emerton said, but was then forced to tell would-be patrons about it being cancelled.
When Mr Obudho took the owners of Inflation to the Victorian Civil and Administrative Tribunal, they defended cancelling the event.
They argued they weren't discriminating against Africans, but that local laws required them to hire extra security for "culturally specific events".
The owners also claimed that if they had known the event would mainly be attended by people of African background they would have notified Victoria Police.
Justice Emerton rejected this, saying Patty Malones would have had ample time to do this, if it so chose.
She also flatly rejected Patty Malones' suggestion the case was about indirect, rather than direct, discrimination.
"Patty Malones cancelled the booking because of the race of the majority of prospective attendees. This is direct discrimination."
In a statement issued to Fairfax, Inflation manager Rob Buck said the venue rejected "any allegations of racism".
"At the time, we were running (and still run) regular African events, and it is ridiculous to suggest that the company is racist," he said.
"Our decision was based on information from police in a bid to protect our staff and patrons ... Public safety is our number one priority."
In a statement, Mr Obudho said he had taken a stand because he did not want to see the cycle of racism continue.
"I am a full-time professional DJ," he said.
"Whenever I host events where the patrons are white I don't have these problems – it is only when I have organised African music events that I face these issues.
"I hope the message to venues is that the time has come where people will stand against any form of racial discrimination, whether it's via booking functions or entry policies."
Flemington and Kensington Community Legal Centre solicitor Nick Boag, whose practice took on the case, said it was a relief to have "such a strong judgment" after six years of legal wrangling.
"This decision puts all venues around Melbourne on notice to ensure that their entrance policies don't discriminate on the basis of race."
VCAT found that Patty Malones had discriminated against Mr Obudho and the would-be patrons, but declined to award compensation to Mr Obudho.
Both parties appealed to the Supreme Court – Mr Obudho to argue he should be awarded compensation, and Patty Malones to argue they had not discriminated against Mr Obudho.
Patty Malones' appeal was dismissed, and Mr Obudho was awarded $12,000 in compensation, and costs.
Fairfax has contacted Patty Malones through their lawyer for comment.
