Question
Antony was building a new house in King Street, Port Fairy.The house lot was alongside an older property, built in 1967, belonging to Carol.At the
Antony was building a new house in King Street, Port Fairy.The house lot was alongside an older property, built in 1967, belonging to Carol.At the time of building Carol and her husband Carl (now deceased) were aware that the sandy soil on which their house stood could be unstable. With this in mind, their land was retained by a wall on all sides save for the frontage to King Street. The house was situated in the middle of the block.
The eastern boundary of the Carol's land adjoined Antony's property. On that boundary on the Carol's property a concrete driveway extended south from King Street to a brick carport, followed by a further section of driveway and a brick garage. The driveway, carport and garage were positioned at a slightly higher level than Antony's property.
The plans for Antony's land included a basement carport with an access ramp adjacent to Carol's eastern boundary. The construction of the ramp required extensive excavation along the common boundary which in turn required a retaining structure to prevent movement of soil under Carol's property and to prevent possible damage to their buildings and driveway. A retaining wall was constructed.Soon after a section of the soil beneath the carport on the Carol's property subsided causing damage to the carport, driveway and house.
Carol is very upset about the damage to her house.She posts on a Facebook group page of which she is the moderator - the 'Port Fairy Concerned Residents' Group, which is broadly against too much development in the town. The post reads:
The damage to my house is what we are fighting about.It is the consequence of greed and overdevelopment.This horrible little man is intent on bringing to our little town all of the worst things of the big city.
There are several responses to this post, including the following:
Let's all hope that the little dentist gets what he deserves when this all goes to court.
Another greedy arsehole bringing violence and destruction to Port Fairy.And I heard he's a crap dentist.He really stuffed up my Aunt Beryl's teeth.
Advise Antony on any defamation claims that might arise from Carol's actions.
is the material defamatory?
does the material identify the Antony?
is the material published? if so is it to a third party?
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