NSW Can I Sue for Slander and Manipulation?

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TKD

Active Member
21 September 2018
5
0
31
Last year, I moved back home to care for my mother who was diagnosed with terminal cancer and given months to live.

Her neighbour's behaviour during the time I was caring for her and also since mum has passed away was manipulative, damaging and I now wish to pursue this legally if possible.

Her behaviour includes the following:

- Trying to force my mother out of her house by getting Mum's lawnmower guy to put animal and I believe human feces around her property.

- Lawnmower guy poisoned her favourite tree when instructed not to touch it.

- Potentially tapping and listening in to Mum's phone calls and other conversations in the house (strong circumstantial evidence).

- Harassing my mother to pay for things on Mum's property while the neighbour did things like earthworks without a development approval.

- Breaches of privacy and use of information gained in those breaches.

- Attending the hospice where Mum was when instructed not to in front of witnesses.

- Complicit in breaches of privacy at the hospital and hospice where Mum as being treated / cared for.

- Sexual advances towards me when I first moved here seemingly for the purpose of wanting to 'team up' to sell both properties to developers after Mum had passed; which she then reneged on after Mum actually passed.

- Placement of rubbish on the front of Mum's property.

- Accessing Mum's house in order to steal keys for the house.

- Accessing Mum's house with the stolen keys.

- Slander of me to my mother (while I was there) at the hospice she was told not to visit.

- Slander of me to hospice social worker.

- Slander of me to neighbours.

Nearly all of these points have associated evidence and / or witnesses.

Her actions have caused me extreme distress, symptoms of paranoia and post traumatic stress disorder.

To top it off she is a practising psychologist who should know the impact of her actions but chooses to ignore those facts in what I would describe as a sociopathic manner.

I need help, please.

Typically, do people sue for this? How long does that take? What would be the compensation? What would be a ballpark figure on legal fees? Should I get the police involved?

Any and all information, even if just opinion will be valued and viewed in a subjective way.

This was such an incredibly tough time for Mum and me (as sole carer) and it was / has been irreparably marred by someone we did not even want in either of our lives but who kept forcing herself into our lives.

Please help if you can.

Thanks in advance.
 

DMLegal

Well-Known Member
28 May 2018
187
33
514
Sorry to hear of your situation. In relation to the property damage, wiretapping and accessing the property without keys (and presumably without authority), yes you should contact Police. In relation to your second question, people always try to sue based on incidents such as those you detailed above. Unfortunately, more often than not, it either cannot be done, or it would be pointless. Generally speaking you need to demonstrate a loss of some kind, whether that be financial from being unable to work due to the stress (which would need to be diagnosed) etc. Legal fees are hard to say, but it wouldn't be cheap. It may be worthwhile speaking with a lawyer and discuss the situation in detail. Based on what you have stated though, no, I wouldn't recommend you commence proceedings.
 
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TKD

Active Member
21 September 2018
5
0
31
I appreciate your response. I have an appointment with my lawyer on Monday to discuss. In your opinion, would it be worth making a police report on the other / all of these items - and / or getting a restraining order of some kind? I don't want to rent the place out and have her interfering either. Which I think there's a fair possibility of happening because I think her strategy now is to sell her property at the same time as my other neighbour to developers once I have sold. I'm pretty sure her ultimate goal is to profit financially from the sale of her property. Unfortunately for her, she's also burnt bridges with her other neighbour as well for some reason I don't know - but they don't want a bar of her either.
 

Rod

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How did you go with the lawyer?
 
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TKD

Active Member
21 September 2018
5
0
31
Hi - sorry - I've been preparing a house for sale... I'll get to how it went with the lawyer in a minute but first an update....

The neighbour was told not to attend the open day in front of witnesses. Not only did she ignore this request but the agent found her inside the house attending the open day and TAKING PHOTOS IN MY BEDROOM. I also witnesses her out the front of the house talking to a potential buyer for around fifteen minutes. I did not overhear the content of the conversation.

I called the police and they attended. I'm heading down to the local police station to make a report now.

I'm intending to apply to the court to get the equivalent of a restraining order.

I'm also considering suing for trespass and breach of privacy - as she was told NOT to attend the open day and I believe it is the owner/occupiers prerogative as to who they can have on their property and who they offer the property for sale to.

Therefore, I'll be talking with the lawyer on Monday morning as to what we can do about this.
 

TKD

Active Member
21 September 2018
5
0
31
I have requested advice from the lawyer. He says there is no way of restraining her except through an AVO but that the police MUST apply for the AVO on my behalf.

My investigation (contact with local court and police) informs me that I can apply for the AVPO myself or have my lawyer apply for it.

I have filled out the form. I'm considering going to Burwood local to file.

Any additional information at this stage would be great.

Thank you.