Fat As Butter

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Thursday, 16 January 2014 11:21

Fat As Butter

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Fat As Butter

 


Facebook my be a great social medium but think twice before using it to serve legal documents. Flo rida wins appeal against "fat as butter" festival organisers. The American artist pka Flo Rida has successfully appealed a judgment against him for over $380k because a court document was sent to him by email and a message posted on his Facebook page. As always, the case turns on the facts. Facts Flo Rida was due to headline the “Fat As Butter” festival in October 2011 but failed to appear. The festival organisers, Mothership Music Pty Ltd, commenced an action against him for breach of contract. Mothership Music obtained an order from the NSW District Court allowing them to serve a statement of claim on Flo Rida via email and posting a message to him on his Facebook page concerning this. Flo Rida did not appear in court and a judgment for damages in the sum of $380,400.60 (plus interest) was made against him. The order was made the day before Flo Rida left Australia and the NSW Court of Appeal found that: 1. there was no evidence to suggest that Flo Rida had seen the statement of claim; 2. the email did not identify the recipients; 3. there was no evidence that the Facebook page was Flo Rida’s; and 4. there was no evidence that Flo Rida had seen the post before he left Australia. Conclusion There was no proof that Flo Rida saw the email or posting on Facebook whilst he was in Australia. The order permitting service via email and Facebook was overturned because Flo Rida could not lawfully be personally served outside Australia. Decision Decision Date: 20 August 2013 Flo Rida v Mothership Music Pty Ltd (2013) NSWCA 268

 

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