Question
Winnie is an accountant by profession and runs an accounting firm in Pacifica. He started his accounting firm, Pooh Accounting Firm, in 2010. Since its
Winnie is an accountant by profession and runs an accounting firm in Pacifica. He started his accounting firm, Pooh Accounting Firm, in 2010. Since its inception, Pooh Accounting Firm experienced exponential growth and boasts an impressive client base, ranging from large stateowned enterprises to private companies in Pacifica. In 2021, Winnie's firm received the Excellence in Business award from the Pacifica Chamber of Commerce. Winnie's university classmate, Christopher Robin, runs the only other accounting firm in Pacifica, Hundred Acre Accounting. Christopher's firm has not been performing well. In a desperate attempt, Christopher tried to attract Samuel's clients to his firm but failed. On 11 August 2022, Christopher went to the Tigger Bar after work. Soon after he had sat at the bar and ordered a drink, some of Winnie's clients walked into the bar. Roo and Kanga ran the biggest grocery store chain in Pacifica and were one of Winnie's biggest clients. Seeing an opportunity, Christopher invited himself to their table and offered to buy the pair drinks. After they had shared a couple of drinks, Christopher brought up Winnie and their time in university. "I remember Winnie when we were in uni together! The fellow was a rather messy drunk! He was never good with handling his scholarship money either - did you know I once caught him stealing money from another student's wallet? No one would guess it now, the way he spends his money frivolously. I wouldn't trust this guy to hold my hard earned money. I wouldn't put my money in his trust accounts if I were you." Roo and Kanga were appalled to hear this about Winnie. They promptly terminated his firm and hired the Hundred Acre Accounting firm. Unbeknownst to Christopher, Oliver Owl, a reporter from the Pacifica Times had overheard the entire conversation. The next day, an article entitled "Top Accounting Firm: Guardian of the Trust Funds - A THIEF!" was published on the front page of the Pacifica Times. This article was accompanied by a photo of Winnie at the Excellence in Business awards from 2021. Winnie was livid to see the article and confronted Owl, who informed him that the article only contained a repetition of what he had heard Christopher tell Roo and Kanga. Winnie has approached your firm for legal advice. Using IRAC and relevant case law: 1. Advise Winnie on the possibility of bringing a tortious claim for the harm suffered; and 2. Advise the Defendant(s) of any possible defences that may apply.
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