The appellant appealed a Small Claims Court order staying his defamation action regarding statements made by the respondents on WhatsApp and posters during a union election.
The Deputy Judge had stayed the action on the basis that the appellant failed to give notice under the Libel and Slander Act, finding that WhatsApp messages constituted a 'broadcast'.
The Divisional Court allowed the appeal, holding that the Deputy Judge erred by concluding WhatsApp was a broadcast without a sufficient evidentiary record, and by failing to address the poster statements.
The court upheld the Deputy Judge's finding that the union constitution did not mandate arbitration for this dispute.