Owner of Adelaide restaurant Etica Ethical Pizzeria e Mozzarella threatens to sue for defamation over negative review on TripAdvisor

AN Adelaide pizzeria owner has threatened to sue a disgruntled customer for defamation over a negative review posted on influential website TripAdvisor.

AN Adelaide pizzeria owner has threatened a disgruntled customer with legal action alleging they defamed his business in a negative online review.

University of Adelaide law graduate Julian Tully wrote on travel site TripAdvisor that dining at Etica Ethical Pizzeria e Mozzarella was “the worst service and experience” and warned people to “stay away from the place”.

Mr Tully and friends had attended a $40-a-head birthday banquet at the Gilles St restaurant on October 10 and alleged they were treated “in a fashion I don’t think was possible”.

“For 7 people we got a tiny amount of food (waiting more than 50 minutes between portions) and when we tried to complain in reasonable way we literally got told ‘we have had our fill’ and ‘we shouldn’t go out for dinner if we can’t afford it’,” he wrote in the October 11 review. “They then called the cops on us because we walked out. Avoid like the plague!”

The group claims that over a two-hour period, they received two small salads, enough antipasto platter for two, two small plates of pasta and two pizzas.

At 8pm, one friend had to leave the restaurant and ended up paying $40 for one slice of pizza and a mouthful of salad, they claim.

By 9.30pm, the group claims they had only received two more pizzas.

The group claims they explained to a waitress they had not been given enough food for the cost of the banquet — which they believed allowed them to “eat as much as you can” — and could have bought a pizza each for half the price.

It is at this point the group claims they were told by Etica co-owner Federico Pisanelli: “If you can’t afford it, maybe you shouldn’t eat out.”

Mr Tully also posted the review on Etica’s Facebook page. His friends, Michael Pejin and Eric Steele, also posted negative reviews on the Facebook page echoing Mr Tully’s concerns. Mr Pejin claimed that Mr Pisanelli said “if I could, I’d charge you double” after they complained about the lack of food and service.

On Thursday, Mr Pisanelli sent Mr Tully a Facebook message, rejecting the allegations and accusing him of defaming Etica in comments made at the restaurant and published on social media.

“Contents of the said statements are false, misleading and direct malice towards Etica,” he wrote. Mr Pisanelli requested the reviews be deleted and sought an apology from Mr Tully. He said if no action was taken by October 27, he would start legal proceedings seeking damages “associated with, but not limited to, your verbal comments, written publications, and further, your table’s disruption at Etica on 10 October 2015”.

He warned Mr Tully that he and directors intended to inform the Law Society of SA of his “recent actions” at the restaurant and his “defamatory comments”.

“Your actions reflect your poor character; such behaviour does not align with the values of a prospective legal practitioner,” he wrote.

Mr Tully sent the restaurant an email denying any wrongdoing. He said he would rely on the defences of truth and honest opinion if Mr Pisanelli pursued legal action.

Mr Tully also argued that, under the Defamation Act, Etica would not be able to sue for defamation if it had less than 10 employees.

“I confirm that I will not issue an apology to Etica. However, I can provide you with the following picture of a cat,” he stated, inserting a photo of a kitten into his email.

Mr Tully and Mr Pisanelli declined to comment to the Sunday Mail.

Lawyer Peter Campbell, partner of HWL Ebsworth Lawyers, said defamation laws could often be quite grey but the position in relation to reviews was more black and white.

“When it comes to reviews, it is fairly well-established — if you’ve actually had that experience and written about it and it’s your honest view, then you’re usually protected,” he said.

However, he said a reviewer could be sued for defamation if they wrote about things that did not happen or their remarks were intended to damage the reputation of the restaurant.

HOW TO MAKE A REVIEW SAFELY

Be honest — base your opinion on what actually happened

Be fair — were there other factors affecting your experience?

Be genuine — don’t say things for the wrong reasons

Be careful — keep notes or take photos so you have proof

Be consistent — apply the same standards in each review

Be serious — this is someone’s livelihood you are playing with

*Source: Peter Campbell, HWL Ebsworth Lawyers