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NSW Making an Assumption in a Public Document - Sued for Defamation?

Discussion in 'Defamation Law Forum' started by Nikki0683, 4 October 2015.

  1. Nikki0683

    Nikki0683 Member

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    Hi I have a matter with NCAT right now and in my submission I mentioned a neighbour was in an intimate relationship with another neighbour to demonstrate their collusion against me. However, it turns out that the neighbour is not homosexual. She wrote me a letter saying basically if I don't withdraw the statement she would pursue defamation of her character and reputation. I have no problem withdrawing that statement and writing her an apology. But can she take this further if I admit I made an error?

    Any help would be most appreciated.
     
  2. Sophea

    Sophea Well-Known Member

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    Generally if you can make an apology quickly, remove the statement and fix things up to the best of your ability then you reduce any potential damage to her reputation and therefore lessen your liability and therefore what she can recover from you in a defamation action. So yes, make your apology and remove the statements as quickly as possible.

    However, there is a defence for defamation if the statements are made in the course of court proceedings known as absolute privilege.
     

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