The twisted sisters day in Court has been put off

as many readers may know. Having had a few inquiries over the last few days I can confirm a hearing is scheduled the week after next on a point of law. But that concerns Trade Me and an issue of essentially who is responsible for what is published on a board. I have named a director of the host company who believe himself not to be responsible much in the way a director is absolved from debt in most situations where a limited liability company flounders because of debt and debtors are unable under law to pursue company directors in the normal matter of course.

I see a distinction whereby the limits of Limited Liability for a company under the law are restricted wholly (as far as I know)to debt but not necessarily to civil or criminal offending. Trade Me have rules which they 'hope' more than they can be certain of, which indemnify themselves against civil law of publishing. In the first instance I think that fails, but more particularly where the published material has been defamatory and intended to frighten, intimidate or harass members of the public (but which TM have published anyway) I think any 'limits' are a long way out the door. The law wasn't designed to accommodate across the board offending and is specific in terms of debt liability limited to a company and not the directors. The issues raised however by the publications TM have published on their boards cross into new territory not considered in Limited liability legislation where offending or trespass has transgressed other law.

I've had a few weeks away from the paperwork but on returning it still seems perfectly clear that TM are a traditional publisher and liable for defamatory comment that may be published and more importantly, in this case, for threats and stalking on the boards by TM members.

I haven't mentioned the 3 sisters to this point because they're irrelevant to the legal argument and not a party to the consideration of the law on the matter. They will not be represented at the interim hearing and have no been invited or instructed to do so because their position is irrelevant to the question of law. Additionally to that TM have raised no argument defending the actions of the 3 sister bros which entitles a position that TM accept (unfortunately for the 3 wise ones) the harassment took place. More interesting is that 2 of the 3 stalking heroes wrote incriminating letters to the Court, a couple of which revealed more stalking than I had been aware of - of course that matter isn't over yet, being reserved in the meantime but it's apparent they don't have a show, to the point they have indicated they won't even turn up at Court when the matter against them is convened for final lawful determination.

Overall, the news is not good for the twisted sisters already named in these proceedings and elsewhere, nor for the others excluded from this first test of the law but not forgotten by any stretch of the imagination. The laws they broke in their persecution and spreading of hate will be the same laws they will be tested against and the world will be a better place for it.