A french bulldog breeder has been awarded more than $115k after winning a defamation fight
A french bulldog breeder has been awarded $115,000 in damages after an online troll called her a “puppy farmer” in a string of Facebook posts.
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A french bulldog breeder has been awarded $115,000 in damages after winning a defamation dogfight against an online troll.
Sharryn Aurisch, owner of Sale based Unique French Bulldogs, sued Cheryl Wilson over a series of Facebook comments in which Ms Wilson implied Ms Aurisch and her business were deceitful, abused their animals and were ripping off their customers.
During a week-long trial in the County Court of Victoria in March, Ms Aurisch argued her reputation as a dog breeder had been trashed by Ms Wilson’s posts which included claims Ms Aurisch was a “puppy farmer” and her bulldogs were sick from being kept in “putrid” conditions.
The case centred on four publications made between March and April 2020 on the Unique French Bulldog’s Facebook page which has about 53,000 followers.
Ms Wilson defended her online posts, arguing they were substantially true and she was protected by qualified privilege or honest opinion.
County Court Judge Richard Smith rejected Ms Wilson’s defences, finding none of the Facebook comments were based on truth, nor did she have any duty (legal, social or moral) to publish any of the posts in question.
Judge Smith said Ms Wilson’s motivations for defaming Ms Aurisch “remains a mystery” as she was not a competitor of Ms Aurisch and there was no evidence of prior hostility or dealings between the women.
At trial, Ms Wilson said she had visited the Sale puppy nursery on four or five occasions between 2017 and 2019 with her then-partner, Dr David Lucas, who was a regular vet for the business.
“I could not bear to be in there it stunk of putrid urine and ammonia from the urine,” she wrote on the business’ Facebook page in April 2020.
Judge Richard Smith found Dr Lucas gave no evidence suggesting that Ms Aurisch or other Unique French Bulldog employees lacked competence in raising puppies or in breeding dogs generally.
In ordering Ms Wilson to pay Ms Aurisch and the business more than $120,000 in damages and legal costs, Judge Smith considered the online remarks suggested “not merely inefficiency or lack of ability” on the part of the breeder, but “also included an element of animal cruelty about them”.
Ms Aurisch said through her solicitor Mark Stanarevic, of Matrix Legal, she was “pleased with the outcome but will refrain from further comments”.