Satanic powers claim made in lawsuit

Leaders of a church can continue their lawsuit against a former member who they say portrayed them as using satanic or demonic powers to steal away her daughter, a judge has ruled.

Gerald Joseph Mphazi Nyasulu and Ulemu Sithembile Nyasulu are suing Sereana Naikelekele for defamation in the NSW District Court.

They are the founders and leaders of Streams International, a prophetic ministry operating in NSW, Queensland and SA, while Ms Naikelekele is a former member.

She published a series of 12 posts on the ministry's Facebook page in similar terms on September 8 and 9, 2021.

Judge Judith Gibson on Thursday refused her application to dismiss the case.

She rejected a claim that the "concerns notice" sent by the Nyasulus' solicitors in September 2021 was invalid.

Such a notice is sent to a person who allegedly has made defamatory statements, giving them an opportunity to respond and make amends.

"I have rejected all of the defendant's challenges to the concerns notice, which I am satisfied is valid," the judge concluded, in refusing to dismiss the proceedings.

The plaintiffs contend that the 12 posts convey meanings about the use of satanic or demonic power by each of them for the purpose of stealing away Ms Naikelekele's daughter.

Her lawyer submitted that the absence of a heading "particulars of serious harm" in the concerns notice was fatal to their case, as well as a failure to demonstrate the link between the publications and serious harm.

But while the absence of a heading could be significant, the judge said a careful analysis "demonstrates that not only are there such particulars, but there are nearly eight pages of them" which she summarised.

"The general tenor of the first two pages is that the defendants' series of posts individually and collectively caused personal distress and humiliation to the plaintiffs through their ministry, as they have been deluged with messages by the thousands of readers who saw them.

"The defendant made 'extremely serious' allegations damaging to the plaintiffs' reputations in the eyes of these persons."

Under the heading "damage caused and ongoing" precise figures were set out for the extent of publication.

"The assertion is made that the Facebook page ... has reached 28,731 people across the world, with 10,024 post engagements, 5,493 link clicks and 4,512 persons watching an embedded video for more than 3 seconds," the judge said.

"I am satisfied that the defendant is not left to wonder about either the seriousness or the harm, both of which have been addressed in detail."

The judge listed the case for directions on November 10.