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lithiumburn

4,674 Posts.

763

24/02/22

23:10

Post #: 59807843
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Originally posted by Big_Spenda: ↑

Any civil action for defamation would have to be brought by Adrian Floate against the person who made the defamatory imputation.

I suggest that you take a look at the Defamation Act 2005 (WA) where you'll find the defence of justification (s 25), which is a complete defence, and contextual truth (s 26). Essentially, it is a defence if the defendant can prove that the defamatory imputations carried by the matter of which the plaintiff complains are substantially true. Section 31 also provides the defence of honest opinion, which is proved by the defendant if "the matter was an expression of opinion of the defendant rather than a statement of fact; the opinion related to a matter of public interest; and the opinion is based on proper material" (s 31(1)).

It is unlikely that a claim for defamation would be made out in most of these cases where the publications are merely statements of opinion on matters of public concern, or where the publications are substantially true.

Perhaps, a potentially more interesting claim would be that carried out by shareholders against Adrian Floate for negligent misstatement, given that most have suffered pure economic loss and wouldn't have invested in the stock but for the comments he has made in past interviews.

I'd like to see this stock succeed as much as any other shareholder, but your post was completely unnecessary and will likely do more harm than good.

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Negligent misstatement causing economic loss.
Hit the nail on the head

Fiendish would read what you just wrote though as a combined 3b MC for visa and mastercard

SPX Price at posting: 2.0¢ Sentiment: Sell Disclosure: Held
2 Upvote

0 Great analysis

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