Australia: Was the email defamatory? Which case won?

Last Updated: 6 November 2019
Article by George Koimanos

The Facts

Tenant fails to keep letterbox locked at time of increase in theft of mail

The chairperson of the strata committee and the tenant lived in the same strata building. The tenant had recently moved into the complex and did not always lock her letterbox.

There was an increase of mailbox theft in the area and the chairperson was of the view that if all residents were to lock their letterboxes, it would reduce the chance of theft of mail.

Emails sent to tenant by chairperson of strata committee

The chairperson sent an email direct to the tenant on 31 August 2016, noting that her mailbox was unlocked: "I notice your mailbox has been left unlocked for quite a while?"

On 10 April 2017, when media reports emerged about mail thefts in the area, the chairperson again emailed the tenant directly about her mailbox being open.

Mailboxes broken into and further emails sent to residents

The mailboxes of the complex were broken into on two occasions, first in April and then in May 2017.

On each occasion the chairperson sent an email to all the residents, including the tenant, asking them to keep their mailboxes locked. Attached to one of those emails was an article from the Daily Mail on the potential for fraud originating from stolen mail.

On 24 May 2017, the chairperson sent a further email direct to the tenant, this time copying the email to the managing real estate agent, noting that the mailbox had again been left open for the last few days.

The email went on to suggest that "it is probable that your insistence in leaving the mailbox open during many months is the likely cause [of the break ins]" and that "the Owners Corporation may have to have all the mailboxes rekeyed".

The email concluded that if that "serious expense" had to be incurred, then there was a "real possibility" that the strata committee "would – and should – seek compensation from [you]".

Tenant claims she has been menaced, threatened and harassed

On 25 May 2017, the tenant sent an email to the chairperson responding to his email, which she copied to most of the owners of the units in the building (16 residents in total). As part of that email, she pasted in the text of several emails that the chairperson had previously sent to her and complained that she had been "harassed" by his "many emails".

She also insinuated that perhaps the chairperson himself had been responsible for the break ins, stating:

Did you open the front panel... ? It has not gone unnoticed that the panel to all the mailboxes was opened only following your months of campaigning to have all residents comply with your demands!

The email ended with the following words.

To avoid further harassment, I've not replied to your provoking mailbox emails. However, your consistent attempt to shame me publicly is cowardly. It is also offensive, harassing and menacing through the use of technology to threaten me. Please stop.

The chairperson sued the tenant in the District Court of NSW for defamation, seeking significant damages.

case a - The case for chairperson

case b - The case for tenant

  • The claim that I sent the tenant "many" emails and copied in all the other residents of the building is not true.
  • I have been depicted as a malicious person who acted menacingly, unreasonably harassing the tenant by consistently threatening her by email. I have never menaced, harassed or threatened the tenant by email or in any other way.
  • The allegation made that I was the perpetrator of the mailbox break-ins paints me as a criminal and a thief. This is clearly defamatory.
  • I was portrayed as a small-minded busybody who wasted the time of residents on petty items concerning the running of a building.
  • The emails I sent were only sent to the tenant, except two general emails that were sent to all of the residents, whereas the tenant sent her email to 16 different people for the purpose of publicly humiliating me.
  • I have been defamed by the unrestrained phrases in the email from the tenant, that clearly identify me and have lowered and harmed my reputation. The court should find the tenant guilty of defamation.
  • When I first took up residence in the building, I received the standard "welcome" email which included information about the building. There was no mention of any need to lock letterboxes in this email.
  • There is no law or bylaw specifying the need to lock letterboxes, so the chairperson had no right to ask me to keep my letterbox locked.
  • The material in my email was substantially true, considering the repeated emails of the chairperson, that were sent solely to shame and humiliate me.
  • The email I sent was an expression of honest opinion as opposed to a statement of fact.
  • The subject matter of unlocked mailboxes is a trivial matter and the tone of my email is light-hearted and jocular. It was only sent to a limited number of people who had already formed their view on the matter and therefore was unlikely to cause harm to the chairperson.
  • I had a social and moral duty to alert the other residents of the apartment block to the behaviour of the chairperson and the court should find that I am not guilty of defamation.

So, which case won?

Cast your judgment below to find out

George Koimanos
Stacks Champion

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions