Kim Duthie, the young woman known as the 'St Kilda schoolgirl', has lost her fight to stop disgraced former AFL player agent Ricky Nixon from releasing his self-published autobiography about their relationship.
Supreme Court Justice David Beach on Friday granted permission for Nixon to publish hard copies of his book, Ricky Nixon — My Side.
But the judge banned Nixon from publishing anything about Ms Duthie on the internet, by email or other electronic communication until at least June next year.
Justice Beach said he did not know who to believe out of Ms Duthie and Nixon.
In his judgment, Justice Beach said Nixon and Toot Toot Productions wanted to publish his autobiography but Ms Duthie had complained about two chapters in the book detailing their relationship.
The judge said Ms Duthie's lawyers claimed if the book was published, it would claim:
- Ms Duthie set up and framed Nixon for illicit drug use and sex with a minor by faking a video on an encounter in a hotel when she was 17.
- Ms Duthie took advantage of Nixon by drugging him with GHB.
- Ms Duthie stole Nixon's credit card, used it without his authority and stole from him.
- Ms Duthie maliciously stalked Nixon's son.
Justice Beach said that in Ms Duthie's affidavit, she denied all of Nixon's claims.
The judge said if Ms Duthie sued Nixon for defamation after the book was published, "the credibility and reliability of each of the plaintiff [Ms Duthie] and the first defendant [Nixon] will be hotly contested issues".
"Each will assert that that the other had lied and continues to lie about the critical facts that underlie the present proceeding," Justice Beach said.
The judge said Ms Duthie's lawyers wanted him to conclude that Nixon's account was "unbelievable" but he pointed out that their application for an injunction stopping the book being published was not a trial and both Ms Duthie and Nixon had not had to give evidence in the witness box.
"I have been unable to form any conclusion as to who might or might not ultimately be believed at trial," Justice Beach said.
The judge described the two chapters involving Ms Duthie, even though she is not named, as "a somewhat rambling account of meetings, events and encounters".
He said Nixon had given an undertaking not to publish the book on the internet but he could find no basis to stop Nixon from publishing hard copies.
Outside court, Nixon said the book would go to the printers on Friday afternoon and be on sale on Tuesday.
"I'm not trying to overly exaggerate but it's pretty emotional for me," Nixon said.
"This is a real line in the sand for my family, my two sons and my ex-wife Jude who have supported me for the last four or five years through horrendous times.
"I need to get my message out there so we can move on ... my side of the story out there I suppose."
