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Can a customer that was sued over a payment dispute which…

Customer Question
Hi, can a customer...

Hi, can a customer that was sued over a payment dispute which was ruled in favour of the applicant (business), leave a negative review about the business despite the court stating it was charged out fairly and appropriately?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Queensland

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I had contacted the online website about the review but they will not remove it

Submitted: 7 months ago.Category: Australia Law
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Answered in 5 minutes by:
11/29/2017
Solicitor: John Melis, Lawyer replied 7 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,277
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 7 months ago

yes that can if they are within the appeal timelines, unless leave is sought from the court on the matter.

what was the judgement amount ordered ?

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Customer reply replied 7 months ago
About $160 which included the amount the customer refused to pay and court fees
Solicitor: John Melis, Lawyer replied 7 months ago

based on the amount of $160, you could raise a claim in QCAT ?

would you like to rise this claim ?

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Customer reply replied 7 months ago
QCAT has already ruled in the favour of the business, stating that the charges were fair and appropriate with the work that was carried out. The customer has made a negative online review after been court ordered to pay the outstanding invoice amount and additional fees.
Solicitor: John Melis, Lawyer replied 7 months ago

so do you want to appeal this decision ?

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Customer reply replied 7 months ago
No, I want to no if the customer can legally leave a negative review about the cost of the job despite the court stating the fairness of the charges?
Customer reply replied 7 months ago
know*
Solicitor: John Melis, Lawyer replied 7 months ago

it really depends on the review it self.

can you tell me what the review said ?

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Customer reply replied 7 months ago
In short it implies that the charges were unfair and "don't trust anyone"
Solicitor: John Melis, Lawyer replied 7 months ago

ok, a customer can leave a negative review, and it will only be able to be removed from the hosting site where there s a clear argument for defamation. To raise this type of claim it needs to be brought within 12 month as to where it was first published online.

Usually, the website hosting vendor will need to be forced under a formal complaint to remove the review, subject to the time restrictions stated.

does this answer your question ?

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Customer reply replied 7 months ago
Is the nature of the review considered defamation due to the outcome in the courts?
Solicitor: John Melis, Lawyer replied 7 months ago

you would have to bring new proceedings that concern the claim of defamation to determine that point.

are you considering raising a defamation claim ?

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