QLD Defamation - Is Email Defamatory?

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Bob Thompson

Active Member
15 September 2014
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R and B want me to remove their names from this email as they think it is defamatory. Can anyone see anything defamatory in my comments?

I only stated that we were getting legal advice based on the concerns they had about this issue.

The statement of defamation in question:

Another expense that could be on the cards is seeking further legal advice in order to satisfy B's and R’s scenario where they wonder what would happen if C challenged us in supporting T, but not support C.

Most of us feel that this will not happen but we are not legal experts. In order to protect ourselves from any challenge thrown at us from R, B or C or other Lot Owners, do you agree we should spend more money to seek legal advice on this matter?

M is obtaining quotes in order to be prepared if we proceed.


Thanks
 

Rod

Lawyer
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27 May 2014
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Can't see anything defamatory in the email. But then some context is missing as it refers to prior correspondence (B and R's scenario).

Generally, honest opinion is a good defence in many circumstances, and truth is an excellent defence to defamation.
 

Rod

Lawyer
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27 May 2014
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BTW, when discussing truth in the case of Rofe v Smith’s Newspapers Ltd (1924), a judge said:

by telling the truth about a man, his reputation isn’t lowered beyond its proper level, but is merely brought down to it’.