Published in the Coffs Coast Advocate on 16 August 2014.
Tony is a senior manager of a nursing home. The nursing home was once operated by a well-known church group. Approximately 20 years ago, Tony was instrumental in restructuring the nursing home into an incorporated not-for-profit organisation. Tony is passionate about providing proper care to the residents and conscientiously and professionally manages the home.
Unfortunately, Craig who was once employed briefly at the nursing home, has used a Facebook page to publish several posts alleging the abuse and neglect of the residents of the nursing home as well as the alleged misuse of funds by management.
He has also made specific allegations against Tony, stating that he is dishonest and not qualified to fulfil his management role. The page has received approximately 300 “likes”.
When Tony becomes aware of Craig’s posts, he becomes extremely upset and embarrassed. He suffers bouts of anxiety and insomnia. He is aware that around 40 years ago, prior to his employment, some allegations were made about the mistreatment of residents in the home but there have been no complaints since well before the incorporation.
Tony seeks advice from his solicitor. His solicitor advises him that Craig’s posts are defamatory and that it is possible to obtain damages against Craig for personal distress and hurt, damage to his reputation and “vindication”. Tony’s solicitor also writes to Craig and requests that he publish an apology and remove the posts.
Craig does not respond to the letter and Tony proceeds to seek an order in the District Court.
The court ultimately finds that the Facebook posts are defamatory and constitute a “publication to the world at large”. The court considers that Craig’s failure to apologise or publish a correction is important to the calculation of damages and after considering the seriousness of the allegations and distress that Tony has suffered, awards him the sum of $100,000.
The nursing home also makes a claim and the court finds that, while corporations generally do not have a cause of action for defamation, a claim can be made because the nursing home is a not-for-profit corporation. The court decides that the nursing home cannot recover damages for “hurt feelings” but awards the nursing home $50,000 by way of vindication.
