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NSW False and misleading statements to police

Discussion in 'Defamation Law Forum' started by Knightmare, 13 March 2018.

  1. Knightmare

    Knightmare Well-Known Member

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    During a property dispute I was required to call police to prevent illegal removal of estate trees. Two female officers attended and while there the other party made completely false and defamatory representations to the the officers. I informed the officers of such, but they decided to do nothing. I believe the conversation was not recorded, but obviously there were two officers and both heard the remarks so they should be able to confirm details. The officers were on the public footpath and within earshot of bystanders.

    Surely I would have a case for defamation against the other party on the basis of the above?
     
  2. Rob Legat - SBPL

    LawTap Verified Lawyer

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    What’s your damages? In defamation you need to be able to prove that the defamatory comments have caused you some sort of loss to be successful in obtaining an award of damages. The police officers obviously didn’t take much note of what they had to say.
     
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  3. Knightmare

    Knightmare Well-Known Member

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    Your telling me that if I were to malign someone in a public place that they do not have recourse to the legal system? Find me an angle! Surely I suffered loss of credibility or something? This guy has priors for assault etc. driving without a license etc etc and I cant take him to court?
     
  4. Rob Legat - SBPL

    LawTap Verified Lawyer

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    In answer to your questions:
    - No. I'm saying that if there's no actual damage done, you're wasting your time.
    - No.
    - It doesn't appear so.
    - You can take him to court, but you're likely to end up the worse for it overall.

    If it were the case that every time someone said a bad word about someone else, the courts would be clogged forever and I wouldn't need to practise law because I'd simply sue anyone who ever had anything nasty to say about me and be a squillionaire.

    Defamation actions are notoriously difficult to prove effectively, and even a 'win' can be a loss. It's possible to be the victor and be awarded a 'peppercorn' (legal term for stuff all), and be ordered to pay costs.
     
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