Facebook
postings after a commercial contract went sour stating that the vendor “rips people off” is “a liar” and “that
people should not enter into business with him” were defamatory. Nominal damages of $100 were awarded.
Robyn Grindlay aired her views on facebook
about Harry Memelink following the 2013 purchase of Mr Memelink’s Lower Hutt
scrap metal and recycling business: DM Recyclink Ltd. Mrs Grindlay and husband Malcolm agreed to
buy DMR for $200,000 with payment by instalments. Mr Memelink alleges they sold off scrap
belonging to him which was not part of the deal. They allege he failed to deliver up plant and
equipment in working order as promised.
Mr Memelink took the pair to court getting judgement against both for
about $176,700 being the unpaid balance of the DMR purchase price over
protestations by Mrs Grindlay that she was not a party to the contract. Damages awarded were reduced by $8200 to
reflect the book value of DMR vehicles not put into a roadworthy state as
promised. The court was told Mr Grindlay
is bankrupt. Liability for payment falls
on his spouse.
There was evidence the Grindlays have
onsold their business to a Mr Chung.
Mrs Grindlay was also held liable in
defamation. She said her facebook
postings belittling Mr Memelink’s character were true. It is not enough to allege they are
true. Justice Collins said she had not
proved them to be true. There was no
evidence that anyone had actually read the facebook postings containing her defamatory
views on Mr Memelink. Nominal damages
only were awarded.
Memelink
v. Grindlay – High Court (31.10.16)
16.152