Body Corp email defamation case successfully appealed

Court reverses $120,000 damages decision on appealed

A Manly apartment building tenant has won her appeal against paying $120,000 in defamation damages to a fellow resident who claimed her email implied he was a "small-minded busybody".

Gary Raynor, chair of the Watermark building's strata committee, sued Patricia Murray over a May 2017 email to him, other residents and her real estate agent in which she asked him to stop emailing her about locking her mailbox.

His NSW District Court lawsuit claimed he was defamed, contending the email implied he was a "small-minded busybody who wastes the time of fellow residents on petty items concerning the running of the Watermark building".

He said other meanings included that he unreasonably harassed Ms Murray and "acted menacingly" by consistently threatening her by email.

Judge Judith Gibson awarded Mr Raynor $120,000 in damages in May after finding the meanings were conveyed and that Ms Murray had not established a defence to any of them.

But the NSW Court of Appeal on Wednesday allowed her appeal and set aside the judge's orders.

It also ordered Mr Murray to pay her legal costs.

The NSW District Court heard Mr Raynor had sent Ms Murray a number of emails noting that her mailbox in the building had been left open and requesting that she keep it locked.

This included an email on May 24, 2017, in which he said: "As your mailbox has again been open for the last few days it is obvious I have not been able to convince you of the seriousness of this issue."

The court heard there had been reports of gangs stealing mail in the area. Mailboxes in the building were broken into twice, starting in April 2017.

Mr Raynor believed the culprits may have been able to cut a "master key" by examining the lock on Ms Murray's unlocked mailbox.

In her email on May 25, Ms Murray said: "Your assertion/s that a single unlocked mailbox has allowed a criminal milieu to stalk the ... [apartment complex], and spend the time necessary to copy barrels/locks in order to then construct a master key is farfetched [sic]."

She described Mr Raynor as having a "fixation on this issue" and suggested that, in light of his "email hobby", he might consider getting sensitive documents such as banking statements sent via email rather than in the post.

"To avoid further harassment, I've not replied to your provoking mailbox emails," Ms Murray said.

"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!"

Lawyers for Mr Raynor had previously said the email defamed him by implying he was a "small-minded busybody who wastes the time of fellow residents on petty items" concerning the building, and that he "unreasonably harassed" and "acted menacingly towards" Ms Murray by "consistently threatening her by email".

They also alleged Ms Murray's email suggested Mr Raynor was a "malicious person who sent threatening emails to the defendant and copied in other residents" to publicly humiliate her.

[Source: AAP with Michaela Whitbourn]