Testifying Monday, Stolz said he had been driving a car with his boss, Neil Jeans, when Terrie called and said Jeans should get rid of Stolz because there were problems with his job performance.
“He said there were so many problems with my job performance, that if I hadn’t quit when I did, he would have fired me,” Stolz said. “He said, I won’t forget the words, ‘Well, Troy’s your problem now, good luck.’ ”
Stolz said he was “punched in the gut” by the comments, which were part of a “relentless attack.”
He was later sent a copy of a November 2019 memo distributed by ClubsNSW which claimed that Stolz had engaged in trademark infringement by registering trade names similar to trademarks owned by ClubsNSW.
Stolz said he sank back in his chair, felt “sick to his stomach” and had to drink numerous glasses of bourbon as he contemplated how to explain the situation to his wife.
“I was just shocked: the content, the allegations, they shook me,” Stolz said. “I thought, ‘That’s the end of my career in the club industry.’ ”
Stolz said the claims about him were shameful and false, but “you can’t take back a statement like this about someone once it’s been around; It’s out there forever.”
ClubsNSW alleges defenses of truth, contextual truth and qualified privilege to the libel claim. He denies that Stolz was an employee prior to 2017 and denies that he is entitled to the remedies that he seeks.
Michael Seck, representing ClubsNSW, said his client would argue that Stolz had used or disclosed confidential or proprietary information belonging to ClubsNSW.
He said this would be relevant to the defamation claim, in which Stolz has argued that he was defamed for the suggestion that he disregarded ClubsNSW’s legal rights or intellectual property rights.
Seck acknowledged that his client had been accused of making hurtful statements in the media about Stolz, which were said to be an aggravating feature of the case, but said that Stolz “at least from our point of view, had been much more outspoken than ClubsNSW.” .
The hearing continues.
The Morning Edition newsletter is our guide to the biggest and most interesting stories, analysis and insights of the day. sign up here.