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The weblog of Tony Morris

# Medileaks

Posted on December 8, 2010, in Health

Keeping with the spirit of recent topics, here is a letter I recently received:

08 October 2010

Dear Mr Morris,

DR MICHAEL MCENIERY

We act on behalf of Dr Michael McEniery.

Our client has provided us with a copy of your letter to Dr Lachlan Steffen dated 15 September 2010.

A number of comments within your letter are grossly inappropriate and contain defamatory imputations about our client, suggesting that he is dangerous and incompetent.

The publication of defamatory material in Queensland is actionable under section 7 of The Defamation Act 2005. Please understand that our client takes strong objection to your conduct and reserves his right to claim damages.

Our client demands that you immediately cease making any negative or derogatory comments or publications which may cause injury or loss to him. If you do not cease such conduct our client may take such action as he is advised without further notice to you.

Yours faithfully,

David Watt

…and a response…

29 October 2010

Dear Mr David Watt,

Re: DR MICHAEL MCENIERY (08 October 2010)

No.

Sincerely,

I might just leave this here:

DEFAMATION ACT 2005 - SECT 25

Defence of justification

It is a defence to the publication of defamatory matter if the defendant proves that the defamatory imputations carried by the matter of which the plaintiff complains are substantially true.

…and this too…

DEFAMATION ACT 2005 - SECT 31

Defences of honest opinion

  (1) It is a defence to the publication of defamatory matter if the defendant proves that –

(a) the matter was an expression of opinion of the defendant rather than a statement of fact; and

(b) the opinion related to a matter of public interest; and

(c) the opinion is based on proper material. 

Just sayin’ :)