Supercars has been ordered to pay a disgruntled rock fan the full cost of his tickets to last year's Newcastle 500 and cancelled KISS concert.
The NSW Civil and Administrative Tribunal ruled that Supercars has to pay Thornton resident Craig Stephens $612.50 compensation over the cancelled gig.
The KISS concert slated for Supercars weekend was cancelled when Paul Stanley came down with a bad case of influenza.
The only way to get into the show was through a 'Rock and Race' package, bundled with tickets to the Supercars race - concert tickets alone were not available.
Mr Stephens - a KISS super-fan who bought seven tickets to the Newcastle show - spoke with the Herald last year, saying he had little interest in the car race.
He was angry because Supercars nominated a cost it believed the concert tickets were worth and refunded that amount - despite the events being sold as a package.
Mr Stephens is now urging any KISS fans unhappy with the refund process to take action.
"I'm so happy that Supercars has finally been forced to do the right thing by Newcastle and give back the money to fans they ripped off who didn't get the 'Rock and Race' they paid for," he said.
While it was not Supercars fault that the concert did not go ahead, the tribunal said in its ruling, it was satisfied the organisation was offering a service that was not "reasonably fit for purpose".
The sporting organisation has until May 4 to pay Mr Stephens or the matter can be taken to court, the ruling said.
But a Supercars spokesperson said at all times "it was very clearly disclosed" that the KISS concert tickets were an upgrade to Newcastle 500 race tickets.
"It was further clearly disclosed that, if the KISS concert did not proceed for whatever reason (including for illness), that the ticket price for the concert would be refunded but not the ticket price for the race event, if the race event proceeded, which it did," she said.
The tribunal did not award damages.
NSW Fair Trading said it was aware of the tribunal's ruling.
When asked whether the decision could open the door for other disgruntled ticket holders, the watchdog was non-committal.
"Where a booking or event is cancelled, businesses may be required to provide refunds and other remedies to affected consumers under the Australian Consumer Law," a spokesperson said.
"However, if the booking is cancelled due to reasons beyond the business's control, such as government restrictions, it may affect the consumer's rights to a refund and other remedies under the Australian Consumer Law."
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