Late-night lawsuit thoughts
Amid the excitement of harvest and the depression of an industry in rather a lot of trouble (just ask some of those harvesting), here am I thinking, late at night, more about the two currently threatened wine-industry lawsuits. And I rather suspect that so are the two people who are suing for defamation, and maybe wishing they hadn't.
First up, on the financial scale anyway, is auctioneer Rael Levitt. He's pretty rich himself, and he's suing much, much richer Wendy Appelbaum because of her comments about the auction sale in which she initially thought she'd fairly bought the Quoin Rock wine estate (with ideas of a hotel, restaurant, etc there - not to mention grapes). Ms Appelbaum already owns De Morgenzon, of course, at more or less the other end of Stellenbosch, where she lives with a magnificent view from the top of a high and windy hill.
The auctioneer denies that the auction was "fundamentally flawed" - ie, that he was cheating, and hoodwinking the successful bidder. But feisty Ms A, who's already complained to the National Consumer Commission about the whole business, is relishing the chance of confronting Mr L in court, and hoping that he doesn't back out.
Will he? And will Robin von Holdt? The latter is probably only moderately rich (trying to get richer through wine competitions) and suing (as surely everone knows by now) comparatively poor Dion Martin who made some uncomplimentary comparisons between the wine-show entrepreneur and unsavoury dictators who give themselves medals - just because Mr von A had, er, got a medal in his own winelist awards thing.
So after I wrote something about it, and then a wine-blogger wrote a bit more, Mr von Holdt was clearly rattled. Somehow things weren't going quite right - he was being presented as an arrogant bully, which might not be good for his bloody Brand.
So he wrote a statement for winecoza. Which must have sent, I'd imagine, a spasm of pleasure through the lawyer acting for Dionysis, as the complainant is, as I say, obviously rattled. More spasms of pleasure, perhaps, on looking through the comments received, which show scant sympathy for the poor insulted man (who's not at all like Idi Amin, really).
Mr von Holdt might desperately insist as much as he likes that the misbegotten lawsuit has nothing to do with his Top 100 Wines competition. The fact is that, more and more, it is going to be inevitably linked with it. It's still likely, as I suggested before, that the competion could attract a lot of entries this year - but I'm starting to wonder. Wineries hesitant about the advantages of handing over a lot of money for the privilege of entering another of these lotteries are going to weigh in the balance the revelation of the unattractive reputation the main spokesperson of the competition is getting in winewriting circles.
My own distaste for Mr von Holdt's brash, self-aggrandising style has been tempered by a vague admiration for the deftness of his programme. But I'm starting to wonder. I remember at an early stage of my literary studies the theory that Shakespearean villains were tripped up by a fatal flaw in their character. Is the Top 100 brand doomed by the fact that its owner just can't learn to shut up when necessary?
I'm sure Mr von Holdt is starting to become aware that if he doesn't withdraw his suit against Dionysis he's just going to become seen as increasingly unattractive. Worse, he might well find very few winewriters turning up to publicise the competition results for him. And I've heard a lot of appreciative murmurs so far for my suggestion that Dionysis will receive, if worst comes to worst, the contents of a hat passed around in support of his expenses.
- Tim James's blog
- Login or register to post comments


Re: Late-night lawsuit thoughts
So, Wendy Appelbaum appears vindicated in her claim that there was no genuine under-bidder in the Quoin Rock auction. It is reported in the Sunday edition of the Weekend Argus that Deon Leygonie, who never paid an obligatory deposit prior to the auction, has admitted Auction alliance Chairman, Rael Levitt paid him to bid, thus driving up the price. Doesn't look as though Appelbaum will have her day in court.
There has been much Twitter activity over the past two days surrounding the von Holdt/Dionysis case;my feeling is this coming week things will reach a critical stage.
Re: Late-night lawsuit thoughts
Proving libel is difficult at the best of times, and even more so when the libellee is a public figure, which Robin von Holdt arguably is, because of his clear connection to the Top SA 100 Wines Competition with all of its attendant controversy. Further, the burden of proof rests on the libellee, rather than the libeller, in that the one affronted must prove that he or she has been libelled.
For a statement to be considered libellous, it must be patently untrue, and it must also have caused material harm to the libellee. Likening RvH to certain African dictators who award themselves elaborate titles and war medals, was an arguably appropriate analogy, and although I'm no lawyer, I doubt that a court will find in favour of RvH in the circumstances.
Mr vH has futilely attempted to divorce the lawsuit from his competition, since he's naturally concerned about the impact the current imbroglio will have on said competition. I say futilely because the competition is irrevocably tied to Mr vH in the minds of wine drinkers at large, and certainly in the minds of the wine media.
Huffy postings of open letters intended to "set the record straight" will do little to diffuse the situation, and the damage that Mr vH believes that his competition is suffering will continue, but it's hardly the fault of Dion Martin. Since the threatened lawsuit hit the media, Dion has remained largely aloof from the debate, so who then is doing the damage?
This is in many respects similar to the Woolies vs Frankies battle, a real David vs Goliath saga, that resulted in overwhelming support for "the little guy" and an ignominious back-down by the "big guy" with incalculable harm wrought on the "big guy's" brand.
If there is one thing that I cannot abide, it is a bully, so pass the hat for Dion's legal fees in this direction, because I'll definitely be contributing.
And if the case does come to court, and Dion wins which I'm sure he'll do, I hope that the court awards costs on the punitive client and attorney scale.
i discover it
Fantastic goods from you, man. Ive study your stuff ahead of and you're just as well amazingcheap designer handbags hand luggage bags handbag organiser vintage handbags