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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38188
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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hi, I posted a comment on Google review about a business

Resolved Question:

hi,

I posted a comment on Google review about a business implying that their behaviour had a criminal element ( anonymously) and the business owner has threaten to take me to court on defamation charges. Is this a possibility? if so, what recourse do I have? Most, bar one, of all review comments are negative however, mine is the only one that has the word criminal in it so I'm quite worried.
I look forward to your response.
Cheers
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Evening

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.

It is possible and if their reputation has been damaged and they have suffered loss they can seek compensation from you.

If what you have said is true then you have a full defence.

Is what you said true or were you just angry and said things to make yourself feel better?

Customer: replied 12 months ago.


It's quite a long story but I bought a voucher for 8 hours of labour ( painting of two ceilings) but this person charged me for two people without alerting me. I was unaware that his presence along with another guy would result in extra charge. He also told me over the phone, before he arrived, that he was buying undercoat from Bunnings but has refused to provide any receipts..


The next day he came to my home, while I was at work, and removed my roof tiles, He phoned me and I immediately asked him to leave. His reaction was that he would leave the roof tiles off so that I would have to call a tiler. I called the police who got to him tell me where the tiles were so that my son (who had to leave work) could put them back. He now keeps sending invoices which I cannot pay since I did not authorise what he has documented.


just another question - how can he prove that it was me who wrote the comment?

Expert:  Leon replied 12 months ago.
Good Evening

He would have to get google to give him your IP address and then work from there. Google does not give information easily.

He must have guessed based on what you said that it was you.

It appears that what you have said is not far from the truth.

I hope this is of assistance.
Customer: replied 12 months ago.


well, I'm still not sure if he could have a case based on what I told you. In other words, would you be able to take me to court based on the evidence of what I've said - that is, a posted anonymous goggle comment? As you can understand, I'm quite frightened of this guy.


Thank you

Expert:  Leon replied 12 months ago.
Good Evening

He can try and sue you. If the comments you made are not true the court will make an order against you.

He will have to prove it is you, as it does not have your name on it he may have difficulty.

If he threatens you with violence you should get an intervention order against him.

I hope this is of assistance.
Customer: replied 12 months ago.


ok, just to clarify...please explain what is meant by, 'the court will make an order against me' . Now I am worried. Would you be confident you'd win in taking a case like this?

Expert:  Leon replied 12 months ago.
Good Evening

If the court finds that you have defamed him and that he has lost money then the court will make an order you pay him for the losses.

I cannot comment on whether you will win a case when I do not know what he is claiming.

He has threatened you but there is no court documents. Until a Solicitor sees what he is claiming they cannot say anything.

All I can tell you is that truth is a defence.

The court will have to decide it what you say is true or not based on the facts.

I am sorry I cannot give you guarantees. But that is not possible

I hope this is of assistance.
Customer: replied 12 months ago.


I hope that truth will triumph !! Thank you for your advice and wish me luck.

Expert:  Leon replied 12 months ago.
Good Evening

I think you will be fine.

I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.

If I have assisted please do not forget to leave me with positive feedback.

Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38188
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Leon and other Australia Law Specialists are ready to help you

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