31 October 2016

Defamation: Memelink v. Grindlay

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)

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