‘Hatred, ridicule’: Professor sues Netball Queensland for defamation
A former Netball Queensland director is suing the sports organisation over an allegedly defamatory letter sent to the board.
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A university professor is suing Netball Queensland for allegedly defaming her while she was a director of the sporting organisation.
Marie Helen Kavanagh, professor of accounting in University of Southern Queensland’s School of Commerce, became a Netball Queensland director in 2015.
Dr Kavanagh, who has a Bachelor of Commerce and Masters in Financial Management, was re-elected as a director in March, 2017. Dr Kavanagh is suing Netball Queensland, its former board chair, Eugenie Buckley and its company secretary and general manager of corporate services, Ana Croger.
In the District Court claim, she alleges on October 13, 2020, Ms Croger, a solicitor, and a number of other NQ employees wrote a defamatory letter to the board.
On October 29, that year, at a board meeting, Ms Buckley or Ms Croger published the letter about Dr Kavanagh, or its contents, to those present, it is alleged. The letter, filed in the court as part of the damages claim, was addressed to NQ directors and signed by eight people, including Ms Croger and then chief executive officer, Catherine Clark.
“We the Executive Leadership Team of Netball Queensland (Management) hereby inform the Board of Netball Queensland and put the Directors on notice that we have no confidence in Marie Kavanagh as a Director of the Netball Queensland Board,” the letter said.
“Board conduct has resulted in an untenable position for Management’s relationship with the Board.
“Management has significant concerns with providing information with the current Board composition.”
The letter quoted the four main duties for directors and concluded that management was no longer confident that Marie Kavanagh could fulfil the duties of a director.
“By reason of the publication, Dr Kavanagh has been brought into hatred, ridicule and contempt and has been gravely injured in her character and reputation and has suffered hurt and embarrassment and has and will continue to suffer loss and damage,” the statement of claim says.
Dr Kavanagh is claiming aggravated damages because of her knowledge of the falsity of each of the imputations and lack of any basis for them.
It is also alleged that, as the defendants must have expected, the content of the letter was subsequently disclosed to various NQ members and people associated with the netball community in Queensland.
Dr Kavanagh claims the letter conveyed imputations that she failed to exercise the care and diligence expected of a director or that she failed to discharge her office as director in good faith, in the best interests of the company.
She alleges there are imputations that she used her position or information obtained while a director to improperly gain an advantage for herself or another person.
A Netball Queensland spokesman said it had been made aware of the District Court claim filed in October, but it had not been served and had no knowledge of the contents of the claim.
Ms Buckley and Ms Croger are yet to respond to the damages claim.
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