Man loses bid to sue ex over Facebook post accusing him of stalking

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District Court Judge Judith Gibson found the lawsuit had been brought as a way of “keeping pressure” on his ex.

A Sydney judge has thrown out a defamation case brought by a NSW man against a former partner over a Facebook post accusing him of stalking and harassment.

The lawsuit centred on a Facebook post on May 11, 2021, in which the man’s former partner wrote: “Hey all, just a heads up there’s a guy who’s been stalking me and has been obsessed with me. “Hey. Please take down your Facebook message, it really isn’t nice nor fair, and is really sad hostile behaviour from you,” he wrote.

Gibson noted the two men “commenced a sexual relationship when the plaintiff was 31 years old and the defendant was 16 years old”, and each “accuses the other of stalking and harassment”. The men gave different evidence about when and how their relationship ended. The judge ruled in his favour on this basis. Gibson found that documents filed in court by the plaintiff made it clear he was “obsessed by his feelings for the defendant, and is using this litigation for that purpose rather than for vindication” of his reputation.

 

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