RSL sues former member

IN COURT: Nambour RSL’s legal action against a former member who allegedly posted defamatory flyers has been dismissed.
IN COURT: Nambour RSL’s legal action against a former member who allegedly posted defamatory flyers has been dismissed.

THE Nambour RSL has lost a legal application to stop a former member posting allegedly defamatory flyers.

The RSL is suing Nambour man Michael Carroll for defamation after Mr Carroll posted a flyer on the Nambour Plaza noticeboard claiming the club was mistreating members.

The RSL began action against Mr Carroll and wanted Brisbane Supreme Court to order Mr Carroll to stop making these claims in the lead-up to a potential trial.

Mr Carroll told the court his statements were not defamation because they were the truth.

Mr Carroll's poster said the club was not treating members properly and was suspending memberships or banning people when they complained. He told the court he had been banned days before the club's annual general meeting where he planned to complain.

But Justice David Boddice said instead of preventing Mr Carroll from continuing his statements the matter should be brought to trial as quickly as possible.

He said calling for Mr Carroll's actions to be restricted before a trial was "rather draconian".

Justice Boddice said as Mr Carroll's submissions had not been made out according to the rules, the RSL should have requested Mr Carroll's argument be struck out.

In correspondence tendered to the court, Mr Carroll described his actions as a "campaign against the RSL" and spoke about going to the media and to regulatory bodies.

Mr Carroll told the court he had been appalled at the way the RSL was treating members.

He said one club member was suspended for six months after "telling a staff member how to do their job".

"I just reckon it's a disgrace," he said.

But Justice Boddice warned Mr Carroll that if his statements were found to be defamatory against the RSL he could face significant financial penalties.

The RSL's application was dismissed.


Topics:  court defamation nambour rsl

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