December 16, 2019

Woman ordered to pay neighbour $120K for suggesting he was a ‘busybody’

A Manly woman has been ordered to pay a former neighbour $120,000 for suggesting he was a “busybody” during an email dispute about unlocked mailboxes in an apartment complex.
Gary Raynor was awarded $90,000 in damages and $30,000 in aggravated damages after a NSW District Court judge found he was defamed by former neighbour Patricia Murray.
Mr Raynor's lawyers claimed a 2017 email written by Ms Murray suggested he was: "a small-minded busy body who wastes the time of fellow residents on petty items".

Busybody Email Case

Mr Raynor's lawyers claimed a 2017 email written by Ms Murray suggested he was: "a small-minded busy body who wastes the time of fellow residents on petty items".

He also claimed the email suggested he harassed her, acted menacingly and sent malicious emails to humiliate her.
Ms Murray had sent the email to the 78-year-old and other residents, to ask him to stop emailing her about locking her letterbox.
"To avoid further harassment, I've not replied to your provoking mailbox emails. However, your consistent attempt to shame me publicly is cowardly," Ms Murray wrote.
Amid reports of thefts from mailboxes in the area, Mr Raynor had sent a number of emails to residents as chair of the Strata committee of the building.
Mr Raynor's lawyers claimed a 2017 email written by Ms Murray suggested he was: "a small-minded busy body who wastes the time of fellow residents on petty items".

"As your mailbox has again been open for the last few days it is obvious I have not been able to convince you of the seriousness of this issue…. I must insist that you lock your mailbox," Mr Raynor wrote.
“He wanted his reputation vindicated, he felt very badly hurt, and defamed by what Ms Murray had written,” Mr Raynor’s lawyer told 9News today.
“It would be fair to say that every sentence of [Murray’s] email in reply struck a blow at [Raynor], and was intended to ridicule and humiliate him in every way,” Judge Judith Gibson found.
Ms Murray no longer lives in the building, but her lawyers say they’re now planning to appeal the court’s decision.

Original Source : Click Here

Hugo Aston

Barrister | Arbitrator | Mediator
BA, LLB, MAIFLAM, PRI, FDRP, GDLP, Arb 1, Adj
Supreme Court of TAS + NSW
High Court of Australia
Family Court Arbitrator
Public Notary
Clarence Chambers
Level 21
133 Castlereagh Street
Sydney NSW 2000
Tel: (02) 8379 1874
Mob: 0448 807 075
Email: hugo.aston@barristersyd.com.au
Level 1
41 York Street
Launceston TAS 7250
Tel: (03) 6334 8634
Mob: 0448 807 075
Email: hugo.aston@barristertas.com.au

DISCLAIMER: The legal resources appearing on this website are provided for educational purposes only. They cannot and should not be relied upon as legal advice. Each case must depend on its own individual facts and circumstances. No liability is admitted for any reliance placed upon the materials contained on this website. If you have a legal problem you should consult your solicitor.

I acknowledges the traditional custodians of the lands across Australia and in particular the Panninher people and Gadigal of the Eora Nation as the original caretakers of the land on which my Chambers are situated, recognising and valuing their cultural heritage, beliefs, strength, and capacity, and paying deep respect to Aboriginal and Torres Strait Islander Elders past, present, and emerging.
Site By: IanRedford.com