Mr Zadravic meant to write ‘employee’s’, referring to his own case, but missed the apostrophe
An Australian real estate agent is in legal trouble after he failed to attach an apostrophe to a word in a Facebook post lambasting a rival who has now taken him to court alleging defamation.
Anthony Zadravic, a real estate agent from New South Wales Central Coast, is facing a defamation lawsuit for his punctuation error, after a court refused to dismiss the case against him, selon Le gardien.
Au 22 octobre 2020, Mr Zadravic had lashed out at another real estate agent on Facebook.
Il a écrit: “Selling multi million $ (sic) homes in Pearl Beach but can’t pay his employees superannuation. Shame on you Stuart!!! 2 yrs and still waiting!!!"
Mr Zadravic meant to write “employee’s,” referring to his own case, but missed the apostrophe.
He claimed in court that he took down the post within twelve hours.
pourtant, a district court in New South Wales last week turned down his appeal to dismiss the case. “To fail to pay one employee’s superannuation entitlement might be seen as unfortunate; to fail to pay some or all of them looks deliberate,” judge Judith Gibson said.
The court also dismissed Mr Zadravic’s claim that the cost of trial would exceed the potential award of damages, Le gardien signalé.
While the cost of the case was pegged at $160,000 (over £86,000) which could go up to $250,000 (£134,631); Judge Gibson said the exceeding costs compared to the potential award of damages is not relevant.
“I agree this is a matter for concern but, unlike other jurisdictions such as the United Kingdom, Australian legislators have shied away from any inquiries or research projects into defamation costs in this country, so this is unlikely to change at any stage in the future,” the judge was quoted as saying byLe gardien.
The court noted two recent Facebook posts which had dearly cost the authors.
Dans 2020, a Brisbane vet won $25,000 (over £13,000) in damages after a client had accused him of overcharging on Facebook. Dans 2019, an aged care nurse was awarded $15,000 (around £8,000) in damages after accusations on Facebook of being sacked due to alcohol use.