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QLD Being Sued for Defamation - Do I Have a Case?

Discussion in 'Defamation Law Forum' started by Island Girl, 3 November 2015.

  1. Island Girl

    Island Girl Member

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    I ordered Rugby Uniform Kits through an organisation in which we were entering a sports team through. However, we didn't get what we originally ordered and not only that, we were advised that we would be getting the Uniforms at the organisation's cost as compensation and full amount refunds were to be processed after the tournament.

    3 weeks on and I'm still chasing my refund. Emailing, calling, texting the organisations and I'm always given different answers. I'm so frustrated because it's when I'm so rude and then I will get a reply saying "It should be in your account in 2 days".

    3 weeks going on to 4 weeks now, so I put a public post on their page saying "Give back the refund", and then I'm suddenly being advised that I'm getting sued for defamation and I'm being taken to court.

    Could anyone tell me if I have a case?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Island Girl,

    Firstly - is the Uniform organisation a company of more than 10 employees? If so it can not bring an action for defamation in its own name. If however the defamation applies to an employee or director personally they can bring an action for defamation in their own name. So if its a small business or an individual then yes they have standing to sue for defamation.

    Second, they need to be able to prove 3 things in order to establish an action in defamation. You can read about them here: Have You Been Defamed? What You Need to Know About Defamation Law in Australia - Legal Blog - LawAnswers.com.au

    In short they need to show there was a publication (which you made on their website), it identified them and that the remark was defamatory. A defamatory remark is anything that might damage your reputation, expose you to ill feeling or ridicule or cause others to avoid you or think less of you.

    Thirdly, if they can prove this you can still get off if you have a defence. If you can prove your defamatory statement is, in fact, true, you can successfully defend your case. Note however that its not enough to prove your words were true, but you must also prove any negative sentiment behind the comment is true.
     

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