Com Law Medical Devices

Think twice before leaving a Google review

Malcolm Campbell ||

Although Google reviews provide a forum for valuable opinions and criticism, false reviews can result in complex legal battles and it is important to be aware of the principles of defamation.

The case of Tavaloki v Imisides (No 4) [2019] NSWSC 717 explores an incident in which Cynthia Imisides was ordered to pay $530,000 in damages for defaming Sydney based Cosmetic Plastic Surgeon, Dr Kourosh Tavakoli.

The Facts

On 9 February 2017, Dr Tavakoli performed various cosmetic procedures on Ms Imsidies. The claim by the plaintiff, Dr Tavakoli, arose from a Google review posted by Ms Imsidies on 1 September 2017 in which Ms Imsidies alleged that she was charged for a cosmetic procedure which Dr Tavakoli had not performed. Due to this, the rate of visitors to Dr Tavaloki’s website dropped by around 23% in one week.

On 26 November 2018, in contravention of court orders, Mrs Imisidies published a second defamatory Google review.

Prior to this ruling, the defendant’s ex-husband, Mark Imsidies agreed to pay Dr Tavakoli $80,000 in damages due to threats that he would approach the media with claims that Dr Tavakoli was a fraud who didn’t perform procedures that were paid for. Mr Imisides also threatened to set up a website to this effect.

Findings

The Supreme Court of New South Wales held that a publication is considered defamatory if the publication negatively affects a plaintiff’s reputation (Gardiner v John Fairfax & Sons (1942) 42 SR (NSW) 171). The Google review affected the number of enquiries made on Dr Tavakoli’s professional website, which tarnished his reputation as a cosmetic surgeon. In making this assessment, the Court placed itself in the position of an ‘ordinary reasonable reader’ who reads the whole publication, reads between the lines and can therefore consider the imputations that are alleged.

The Outcome

The Court found that the second Google review carried imputations that Dr Tavakoli was incompetent, cruel and a bully. The Court held that the reviews made by Ms Imisidies was defamatory and that her conduct was malicious. Costs were awarded to Dr Tavakoli pursuant to s 40 of the Defamation Act 2005 NSW.

The Court ordered Mrs Imisidies to pay Dr Tavakoli $530,000 for damages for the defamation published.

If you have any questions or concerns relating to any of the information in the blog or you require assistance, please do not hesitate to get in touch with a lawyer in Coleman Greig’s Commercial Advice Team, who would be more than happy to assist you.

Share:

Send an enquiry

Any personal information you provide is collected pursuant to our Privacy Policy.

Categories
Archives
Author

More posts

Festive season: Managing public holiday work obligations

Employers are gearing up for a run of public holidays. Provisions requiring an employee to work on a public holiday in certain circumstances have been commonplace and not overly concerning. However, the Federal Court recently held that such a provision contravened the National Employment Standards.

Employers should exercise caution when dismissing during probationary period

Can you dismiss an employee during the probationary period? Yes, but a recent case is a lesson in caution. The recent Federal Court decision of ‘Dabboussy v Australian Federation of Islamic Councils’ is a warning to employers to consider the importance of timing if dismissing an employee during probation.

The business impacts from the Government’s new cyber security laws

Cybercrime ‘is a multibillion-dollar industry that threatens the wellbeing and security of every Australian’. In an effort to combat the impact on businesses and individuals, the Australian Government has introduced cyber security legislative reforms into the Parliament.

A guide to intrafamily adoption

Adoption is the process where a parent’s legal rights for their child are transferred to another person. The formal adoption of a stepchild or close relative is known as intrafamily adoption.

Passenger movement and visa data-matching by the ATO

Heading overseas for work or a holiday? Taxation issues, including tax residency, should be on front of mind when departing from or arriving to Australia. Why? Because the Australian Taxation Office (ATO) can follow your footprints and, if you’re not careful, spring unexpected taxes on you.

Is it really necessary for my executor to have so many powers?

People often question why the executor of their estate needs to have so many powers. Simply put – if your executor isn’t given any additional powers by your Will, then they are limited to what is set out in the Trustee Act. One area that this can lead to issues in, is the family home – particularly if beneficiaries aren’t in agreement.

Essential terms of a commercial lease

A commercial lease is a contract that details the rights and obligations of a tenant and landlord. So, what are the necessary terms of a commercial lease?

© 2024 Coleman Greig Lawyers  |  Sitemap  |  Liability limited by a scheme approved under Professional Standards Legislation. ABN 73 125 176 230