Australia's news outlet the Sydney Morning Herald was the first publication to break the story, with the report claiming Kenny Miller Mitchell brought the case to the Supreme Court of New South Wales this past September.
Now it looks as if the reason a sequel hasn't moved forward is because Miller and Warner Bros. are embroiled in a legal dispute.
"Simply put, we are owed substantial earnings for diligent and painstaking work which spanned over 10 years in development of the script and preparation and three years in production of the movie", Miller and his producing partner, Doug Mitchell, said in a statement to the paper. "We would much prefer to be making movies with Warner Bros than litigating with them but, after trying for over a year, we were unable to reach a satisfactory resolution and have now had to resort to a law suit to sort things out". "On (Warner Bros") calculations, "Mad Max" went over budget.
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Warner Bros. disagrees with Kennedy Miller Marshall's position and plans to defend itself from their claims in court, but let's be real: you don't care about the he-said/she-said of all this.
In the suit, Miller says that Kennedy Miller Mitchell was set to receive a $7 million bonus if the "final net cost" of the film was under $157 million, excluding some specified costs.
The production company also allege that Warner Bros. first said they'd approach them before confirming any additional budgetary needs; something they said never happened. Let's hope that however things turn out, Miller and Warner Bros. are able to work together again amicably. The question is: Was it Miller's fault for the film overspending? The dispute is being litigated in the Supreme Court of New South Wales where Kennedy Miller Mitchell is based, rather than the USA, and revolves around whether it was the studio or Miller's fault for budget overruns. WB claimed that since the film's budget exceeded that mark, the bonus was forfeit, but Miller has a different take saying that the budget's uptick was in fact partially to blame on WB themselves. If the lousy Pacific Rim ($411 million/$190 million) is getting a sequel from the same studio, then surely the Oscar-nominated Fury Road deserves one too? Miller vows that he is entitled to the bonus, but WB says the film went over budget due to decisions that he says forced substantial changes and delays to the sequel.