› Forums › Living in strata › Owner defaming and spreading lies – what can be done? › Current Page
OK, first of all, let’s get defamation out of the way. Back in 2019 a tenant in a block in Manly sent notes to everyone in the building saying the chair of the committee was a “small-minded busybody” because he had been constantly pursuing her to lock her letterbox. A district court awarded the chairman $120,000 in defamation damages.
However, that was overturned by the NSW Court of Appeal which found that her email was protected by common law “qualified privilege” because it was sent to other residents about a matter of legitimate interest—the building’s mailbox security—and there was no evidence of malice.
The Court of Appeal’s decisions create legal precedent, so this is significant, as is the detail of the finding, which said, on the question of malice: “Proof of ill-will, prejudice, bias, recklessness, lack of belief in truth or some improper motive is insufficient of itself to establish that malice actuated the publication”.
So forget a legal action for defamation – it’s too high a bar to cross.
However, if you can show that sending out insulting, hurtful and erroneous messages to other owners is an attempt to harrass or bully you, you may be able to get an Apprehended Personal Violence Order (APVO).
An APVO is not a criminal conviction but ignoring such an Order is an offence so it may be the best way to shut the abuse down. If you want to explore that option, these websites may help
https://www.police.nsw.gov.au/safety_and_prevention/crime_ prevention/online_safety/ online_safety_accordian/ cyberbullying
