The plaintiff in AS v Murray, [2013] NSWSC 733, had some online fun, but it didn't end up well. A person who identified himself or herself as Felicity Jones (on the internet, no one knows you're a dog) sent AS an e-mail at work, threatening to reveal the latter's usage of an online dating service to his wife, children and employer if the sum of AUS$26,666 was not provided post-haste. The extortionist clearly had 'considerable information' about AS, presumably from having hacked AS's computer and mobile (or perhaps from a bit of sexting with AS?). AS paid up but later received a demand for an additional $40,000. AS engaged a computer expert who traced the e-mail demand to the sender's ISP and mobile phone provider, eventually identifying the sender. A search order was obtained from the New South Wales court and the Felicity Jones e-mails located in a 'sent' folder. AS then sued the sender, basing his claim on the old -- but not frequently pleaded -- tort of intimidation.
AS's claim was successful. Ball J of the NSW supreme court found that the facts clearly established that the sender of the e-mails was an extortionist and there was no reason to doubt the propriety of the search order. The defendant had committed the tort of intimidation: he (as it turned out) had threatened to use unlawful means to compel AS to obey the defendant's wishes, and AS had complied with that demand. The extortionist's conduct was also a criminal offence. AS obtained an injunction restraining further communications with AS or the use of AS's personal information, given that damages would not be an adequate remedy. The defendant was liable, however, for the return of the extorted $26,666 plus interest, exemplary damages of $20,000 and AS's costs. Now all AS has to do is explain his absences for court appearances to his wife and employer...
http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=165288
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