Z-Geek wins defamation case against Smith And Nolan
In what was arguably the stupidest online based legal case last year here in Australia (followed closely by a Chinese company suing a UK blogger using Australian laws), news broke yesterday that Z-Geek won their legal battle against Jonathan Nolan, Greg Smith and their company Myrmidon Enterprises.
In other news, it’s still possible to launch expensive defamation cases against people in Australia without a shred of supporting evidence.
The Z-Geek defamation case first came to light after Greg Smith announced he was taking the website to court claiming $42 million dollars in damages.
The case was brought about after Sydney based film producer Greg Smith’s mate Jonathan Nolan posted about his book “The Third Truth”. In The Third Truth Nolan alleges that the 9/11 terrorist attack and the Bali bombings were in fact nuclear explosions involving Russian submarines and Israeli explosives.
After massive amounts of ridicule, debunking and two and froing, Nolan and Smith eventually left the discussion, tails planted firmly between their legs.
A short time later it was announced that unnamed Russian investors had pulled out of a movie deal Smith had set up, allegedly after reading the online discussion.
Reading that the producer of their little film investment was a nutjob conspiracy theorist was apparently all they needed to withdraw over forty million dollars in funding.
You know… because it couldn’t possibly have had anything to do with Nolan’s aforementioned accusations that Russian submarines were involved in 9/11 and the Bali bombing.
Long story short, the case wound up in court and yesterday Z-Geek announced that they’d won. Z-Geek’s had won on the grounds that when asked to produce any evidence that the Russian investors existed or that the amount of income allegedly lost was anywhere near 40 million dollars, Smith and Nolan were left standing red faced.
Smith and Nolan couldn’t have possibly just made the whole thing up… right?
The failure to produce any evidence about the forty two million dollars of investor money, or that the Russian investors ever even existed is a further blow to the credibility of Nolan and Smith.
The pair’s latest project, astronaut reality television series Starwalker has been plagued with controversy. Upon hearing about the Starwalker show myself my first thoughts were that it was a hoax.
Since then there seems to be ongoing problems with investors, affiliates and the show’s media partners. A few of the announced involved parties supposedly working with the show have been contacted, so far all have denied involvement.
Additionally the three International Space University graduates who founded the concept for the show recently completely “dissassociated themselves from the Starwalker project“.
The most recent blog entry on the (currently defunct) official Starwalker blog states that
An entirely new executive production lineup and partnership will now take the show forward.
Internet conspiracy theories, Russian investors, 40 million dollars of made up funds and losing defamation cases because you can’t provide any evidence of your initial claims.
Hey Greg and Jonathan, where’s yo’ credibility at?
Whilst I’m extremely glad the Z-Geek team have won their case, their case is a perfect example of just how easy it is to make up stories, launch legal action and then hope that the financial cost to the defendant in defending one’s self will be enough to win.
Preferably without the case ever even going to court.
In any case, despite living overseas I still feel a strong connection to the Australian independent publisher community and it’s great to see a win for common sense.
Congratulations to the team at Z-Geek. I’d FedEx you some celebratory Taiwanese beer but believe me you’re not really missing out on anything.
OzSoapbox is currently involved in its own defamation case which will hopefully be resolved soon. For better or worse I look forward to sharing the details with readers sometime over the next few months.
Due to the unique details of each defamation case it appears that precedents are rather hard to set. However with enough positive outcomes for publishers perhaps Australian defamation laws will be eventually revised, or at the very least plaintiffs will think twice about whether or not there really is a case to answer to.
Here’s hoping.
March 7th, 2010 at 1:27 pm Turbulent Priest(Quote)
Best of luck to you at OzSoapBox with dealing with your own legal issues
I hope they turn out as well as thing did for ZGeek.
March 7th, 2010 at 9:12 pm ozsoapbox(Quote)
Thanks mate. Fingers crossed.
March 9th, 2010 at 12:16 am Tam(Quote)
Oh GOD defamation cases. I’m dealing with one as well … it’s frigging RIDICULOUS. Family members suing over stuff said on e-mail that was a) true and b) distributed to less than 20 people. The plaintiffs are in lala land and think they are going to net millions from people who have shite-all money to their names.
Anyways, here are some good resources I have been using, this Brian Martin isn’t a lawyer, but he knows his stuff about defamation cases, particularly in relation to the Internet (he’s involved with Whistleblowers Australia, they get hammered with the usual OMG I’M GONNA SUUUUUUE YOOOOOU crap regularly). Some interesting reading:
http://www.bmartin.cc/pubs/defamation.html
http://www.bmartin.cc/pubs/00firstmonday.html
Brian’s very helpful, he responded to an e-mail I sent him very quickly and with a lot of good info.
If you’ve come across any other good resources please let me know!
March 9th, 2010 at 3:42 am ozsoapbox(Quote)
Wow Tam thanks for sharing that, definitely some great information there.
Not sure if you’re aware of it but Electronic Frontiers Australia are also a good resource. Specifically their page on ‘Australian Defamation Laws and the Internet‘.
March 9th, 2010 at 7:46 pm Tam(Quote)
Cool, thanks for that!
Look forward to hearing about your case, good luck!
March 12th, 2010 at 1:21 pm Turbulent Priest(Quote)
It still worries me that guys like this are still able to advertise themselves in credible publications like Encore Magazine and on the Australian Film Commission, despite their track record.
Now this movie has been “in production” for quite a while – years I think, from memory
http://www.encoremagazine.com.au/in-production-269
Broken Roads
Prod co: Myrmidon Enterprises Dir: Jonathan Nolan Prod: Zac Ezzy, Jonathan Nolan, Zoe Scott Cast: Zac Ezzy, Kate O’Hagan, Dave Smith, Greg Smith Format: 89 mins Description: Broken Roads is the documentary-story of four young Australians as they take a charity motorcycle journey from Sydney to Darwin. By nature all four riders are individuals; but their story, with its humour, loyalty and courage, shows that the whole is greater than the sum of its parts. Four paths. Four riders. One journey. When you’re lost, all you can find is yourself.
Actually from at least 2007 according to this:
http://www.afc.gov.au/downloads/pubs/tvdramadoco_final_0307.pdf
I can’t help but think that Starwalkers may not have been their only line of attack for running scams. Government grants? Tax evasion? Given Nolan’s selp-promotion as a “Tax Barrister”, I am thinking that the ATO should be all over his ass shortly.
As for Starwalker, I figure you can expect an announcement soon from Nolan claiming some sort of disagreement with the “new management” in Dubai and complete separation from the project and all financial responsibility.
You heard it here first
Shortly after that, you can expect an announcement that the project is being shelved indefinitely, while everyone else left involved run for cover.
March 12th, 2010 at 10:55 pm ozsoapbox(Quote)
I don’t know about tax evasion, but Nolan certainly wouldn’t be the first to make a living or top off his salary with government grants.
If that is indeed what he’s up to.
PS. That plot synopsis sounds like a cheesy coming of age 90′s movie, no wonder it hasn’t been made yet.
April 28th, 2010 at
[...] has previously taken Zgeek to court for defamation but [...]
December 31st, 2010 at 8:50 am Sysconfig(Quote)
Happy New Year! and I hope your sites prospers, while Jonathon Nolan Languishes in Hell running in fear he may bump into one of the thousands who sent sent real money for false hopes. including artists and actors.
I read somewhere he was merely trying to do one great big hoax, like a pr or art stunt. What a cunardly and disingenuous MEGALOMANIAC!
This man was enticing people for their money and free work for a long time, promising unbelievable returns on their investments of 20-25 PERCENT., at piscesallmedia.com, Perhaps the original Wayback archives can pull up a page or two still for years 2004 2005 and up.
Asc a member of that forum working on exposing another hoax, I read at that forum members wanting to know when they would be paid for submitted art work.
One can rob a bank with a gun..or..even a hand in your pocket pointing, you can steal with a pen by writing bad checks, and I’ll be damned if he didn’t intend to do same with a keyboard and as far as I see, has not paid the piper his due. When you take something without intent of returning it, thats stealing. This Miscreant should be dealt the same heavy hand and suffering he dealt all his victims with his litigious rampages and deceit
I pray, if there is a God in heaven, looking over Canberra, or Victoria, anywhere where he crossed state and international lines and a criminal action is indeed taken, that the Judge and prosecution will remember what he did. A slap on the hand, would only impell him to do more.
Godspeed to You Oz and all honest people everywhere.