Maurice Blackburn defends public health doctor in diet spray case
A well respected university public health doctor who is being
sued for defamation by the manufacturers of a nasal spray said to
help weight loss has called on Maurice Blackburn's social justice
practice for help.
Sensaslim Australia Director Peter O'Brien has launched action
in the Supreme Court of Queensland against Adjunct Senior Lecturer
at La Trobe University, Dr Ken Harvey.
It comes just weeks after the Supreme Court of New South Wales
dismissed a similar defamation case put forward by Sensaslim
Australia against Dr Harvey.
Maurice Blackburn's social justice practice leader Lizzie O'Shea said it
was rare for plaintiffs to seek defamation damages across of number
of jurisdictions if unsuccessful in their initial claim.
"Our client has simply put his opinion about this herbal
weight-loss spray to Commonwealth health authorities," Ms O'Shea
said.
"This continued legal action against Dr Harvey stopped the
Complaints Resolution Panel of the Therapeutic Goods Administration
and Australian Competition and Consumer Commission from
investigating our client's initial complaints about Sensaslim.
"This long and unnecessary legal action has already been struck
out once in the Supreme Court of New South Wales and we will argue
that the same should occur when the case goes before the Supreme
Court of Queensland."
In July, the Australian Competition and Consumer Commission
instituted proceedings against Sensaslim Australia Pty Ltd
(Administrator Appointed) (Sensaslim), Mr Peter Clarence Foster, Mr
Peter Leslie O'Brien, Mr Adam Troy Adams and Mr Michael Anthony
Boyle.
The ACCC alleges that Sensaslim and several of its officers
engaged in misleading and deceptive conduct and made false
representations in relation to the identity of Sensaslim officers,
the Sensaslim Spray and the business opportunities offered by
Sensaslim.