A man has been left red-faced after unsuccessfully trying to have the head of Amazon Australia, Janet Menzies, charged with theft.
Peter Nesic, from the ACT region, filed information in the ACT Magistrates Court setting out an allegation Ms Menzies had committed an offence.
But Mr Nesic’s case failed at the first hurdle after lawyer Katrina Musgrove, who was defending Amazon’s management, had the writ dismissed.
Ms Menzies has not been charged with any offense and did not appear in court.
Magistrate Robert Cook agreed with the defense that the summons did not meet the requirements to be heard by the ACT court.
He agreed the court had no jurisdiction as Ms Menzies was a resident of New South Wales and the claim related to a website hosted overseas.
The court did not hear specific details of Mr Nesic’s failed claim.
Magistrate Cook was critical of Mr Nesic’s case, telling the man he had accused Ms Menzies of committing theft with others without saying who he was referring to.
Magistrate Cook said: “I didn’t even want to know what the charge would be.”
Sir. Nesic decided to withdraw his case.
That prompted the Amazon boss’s lawyer to make a request that he pay the defendant’s legal costs.
The man looked shocked and said: “But the Crown doesn’t have to pay costs”.
“You are not the Crown and yes, the Crown may have to pay costs too,” Magistrate Cook replied.
Sir. Nesic has 21 days to pay Ms Menzies’ legal costs.