DCS sues small YouTuber for accurate review: Difference between revisions
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===Outcome=== | ===Outcome=== | ||
On 11 March 2025, the District Court of Queensland dismissed DCS' defamation claim against Stefan Fischer.<ref name=":2">{{Cite web |author=Byrne KC DCJ |title=Deep Cycle Systems Pty Ltd v Fischer [2025] QDC 25 |url=https://consumerrights.wiki/images/5/57/Deep_Cycle_Systems_Pty_Ltd_v_Fischer_-2025-_QDC_25.pdf |date=11 Mar 2025 |access-date= |format=pdf}}</ref> The court ruled that DCS is not an "excluded corporation" under Queensland law, meaning they lacked standing to sue for defamation.<ref>{{Cite web |last=Fischer |first=Stefan |date=11 Mar 2025 |title=Help Fight for Truth in YouTube Reviews Fundraiser Update 7 |url=https://www.gofundme.com/f/help-fight-for-truth-in-youtube-reviews |url-status=live |access-date=10 Oct 2025 |website=GoFundMe}}</ref> | On 11 March 2025, the District Court of Queensland dismissed DCS' defamation claim against Stefan Fischer.<ref name=":2">{{Cite web |author=Byrne KC DCJ |title=Deep Cycle Systems Pty Ltd v Fischer [2025] QDC 25 |url=https://consumerrights.wiki/images/5/57/Deep_Cycle_Systems_Pty_Ltd_v_Fischer_-2025-_QDC_25.pdf |date=11 Mar 2025 |access-date= |format=pdf |url-status=live |archive-url=http://web.archive.org/web/20250708212735/https://consumerrights.wiki/images/5/57/Deep_Cycle_Systems_Pty_Ltd_v_Fischer_-2025-_QDC_25.pdf |archive-date=8 Jul 2025}}</ref> The court ruled that DCS is not an "excluded corporation" under Queensland law, meaning they lacked standing to sue for defamation.<ref>{{Cite web |last=Fischer |first=Stefan |date=11 Mar 2025 |title=Help Fight for Truth in YouTube Reviews Fundraiser Update 7 |url=https://www.gofundme.com/f/help-fight-for-truth-in-youtube-reviews |url-status=live |access-date=10 Oct 2025 |website=GoFundMe |url-status=live |archive-url=http://web.archive.org/web/20251102145025/https://www.gofundme.com/f/help-fight-for-truth-in-youtube-reviews |archive-date=2 Nov 2025}}</ref> | ||
The court found that: | The court found that: | ||
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===Deep Cycle Systems refuses to pay=== | ===Deep Cycle Systems refuses to pay=== | ||
On 14 April 2025, Fischer posted an update on GoFundMe that he and his legal team were pursuing extended costs due to DCS choosing to oppose the former's application for indemnity cost. Despite the mounting legal costs, Fischer stated he would continue to force the matter because he believed that the company should be held accountable for its actions.<ref>{{Cite web |last=Fischer |first=Stefan |date=14 Apr 2025 |title=Help Fight for Truth in YouTube Reviews Fundraiser Update 8 |url=https://www.gofundme.com/f/help-fight-for-truth-in-youtube-reviews |url-status=live |access-date=10 Oct 2025 |website=GoFundMe}}</ref> | On 14 April 2025, Fischer posted an update on GoFundMe that he and his legal team were pursuing extended costs due to DCS choosing to oppose the former's application for indemnity cost. Despite the mounting legal costs, Fischer stated he would continue to force the matter because he believed that the company should be held accountable for its actions.<ref>{{Cite web |last=Fischer |first=Stefan |date=14 Apr 2025 |title=Help Fight for Truth in YouTube Reviews Fundraiser Update 8 |url=https://www.gofundme.com/f/help-fight-for-truth-in-youtube-reviews |url-status=live |access-date=10 Oct 2025 |website=GoFundMe |url-status=live |archive-url=http://web.archive.org/web/20251102145025/https://www.gofundme.com/f/help-fight-for-truth-in-youtube-reviews |archive-date=2 Nov 2025}}</ref> | ||
In another update posted on 22 May 2025, Fischer posted that the judge had ordered DCS to pay his legal costs. Due to the term "standard costs" being used in that order, his legal team advised that it would likely mean Fischer would only recover a portion of his actual legal expenses.<ref>{{Cite web |last=Fischer |first=Stefan |date=22 May 2025 |title=Help Fight for Truth in YouTube Reviews Fundraiser Update 9 |url=https://www.gofundme.com/f/help-fight-for-truth-in-youtube-reviews |url-status=live |access-date=10 Oct 2025 |website=GoFundMe}}</ref> | In another update posted on 22 May 2025, Fischer posted that the judge had ordered DCS to pay his legal costs. Due to the term "standard costs" being used in that order, his legal team advised that it would likely mean Fischer would only recover a portion of his actual legal expenses.<ref>{{Cite web |last=Fischer |first=Stefan |date=22 May 2025 |title=Help Fight for Truth in YouTube Reviews Fundraiser Update 9 |url=https://www.gofundme.com/f/help-fight-for-truth-in-youtube-reviews |url-status=live |access-date=10 Oct 2025 |website=GoFundMe |url-status=live |archive-url=http://web.archive.org/web/20251102145025/https://www.gofundme.com/f/help-fight-for-truth-in-youtube-reviews |archive-date=2 Nov 2025}}</ref> | ||
As of 17 June 2025 on GoFundMe, Fischer said that DCS still had not paid the required costs as ordered by the judge and that as a result, a cost assessor was hired. He would be pursuing recovery for those extra costs as well. Fischer went on to further state that if DCS still refused to pay after the assessment, that the company would be taken to court again and "may proceed to wind up the company if necessary."<ref>{{Cite web |last=Fischer |first=Stefan |date=17 Jun 2025 |title=Help Fight for Truth in YouTube Reviews Fundraiser Update 10 |url=https://www.gofundme.com/f/help-fight-for-truth-in-youtube-reviews |url-status=live |access-date=10 Oct 2025 |website=GoFundMe}}</ref> | As of 17 June 2025 on GoFundMe, Fischer said that DCS still had not paid the required costs as ordered by the judge and that as a result, a cost assessor was hired. He would be pursuing recovery for those extra costs as well. Fischer went on to further state that if DCS still refused to pay after the assessment, that the company would be taken to court again and "may proceed to wind up the company if necessary."<ref>{{Cite web |last=Fischer |first=Stefan |date=17 Jun 2025 |title=Help Fight for Truth in YouTube Reviews Fundraiser Update 10 |url=https://www.gofundme.com/f/help-fight-for-truth-in-youtube-reviews |url-status=live |access-date=10 Oct 2025 |website=GoFundMe |url-status=live |archive-url=http://web.archive.org/web/20251102145025/https://www.gofundme.com/f/help-fight-for-truth-in-youtube-reviews |archive-date=2 Nov 2025}}</ref> | ||
In a [[YouTube]] comment posted 20 November 2025 on Louis Rossmann's video regarding [[Vulcan Strength]]'s lawsuit against YouTube reviewer Gluck's Gym, AllOffroad 4x4 stated that efforts to recoup costs were still ongoing.<ref>{{Cite web |author=@Alloffroadau |title=Vulcan Strength sues youtube reviewer over a bad review. Stop doing this... |url=https://www.youtube.com/watch?v=L6QFgC9TLUk&lc=Ugx_aI7lzrYy0qyRC0d4AaABAg |website=[[YouTube]] |date=20 November 2025 |access-date=21 November 2025 |url-status=live |quote=Thank you for standing up for honest reviews on YouTube, your videos have helped me a lot with my court case agains DCS (we still chasing cost) <!-- Quote copied exactly as it appeared. -Sojourna -->}}</ref> | In a [[YouTube]] comment posted 20 November 2025 on Louis Rossmann's video regarding [[Vulcan Strength]]'s lawsuit against YouTube reviewer Gluck's Gym, AllOffroad 4x4 stated that efforts to recoup costs were still ongoing.<ref>{{Cite web |author=@Alloffroadau |title=Vulcan Strength sues youtube reviewer over a bad review. Stop doing this... |url=https://www.youtube.com/watch?v=L6QFgC9TLUk&lc=Ugx_aI7lzrYy0qyRC0d4AaABAg |website=[[YouTube]] |date=20 November 2025 |access-date=21 November 2025 |url-status=live |quote=Thank you for standing up for honest reviews on YouTube, your videos have helped me a lot with my court case agains DCS (we still chasing cost) <!-- Quote copied exactly as it appeared. -Sojourna --> |url-status=live |archive-url=https://preservetube.com/watch?v=L6QFgC9TLUk |archive-date=16 Feb 2026}}</ref> | ||
==Community and industry response== | ==Community and industry response== | ||