Page:Tickle v Giggle for Girls Pty Ltd (No 2).pdf/43

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Hi Sall. Thanks for calling. Sorry I missed your call but Saturday is my proper-sleep-in and rest-all-day day! I actually didn't think you would be available on the weekend but I could make time to talk tomorrow if that suited you better than waiting til Tuesday? Cheers Roxy.

I accept, from that contemporaneous text message and Ms Tickle's evidence, that Ms Grover did attempt to call Ms Tickle at this time, but the call was not answered.

121 Ms Grover confirms that she received calls and texts from Ms Tickle in October 2021, which she did not keep. She recalls entering the phone number which Ms Tickle used to make those calls into Athena and viewing Ms Tickle's onboarding selfie. Ms Grover then called her father and told him that a man, who said that he was a Giggle App user and had been removed from the App, had called her. Ms Grover's father told her to block the phone number and ignore the telephone call and text she had received, which she did.

122 Ms Grover states in her affidavit evidence that she felt scared, threatened and harassed by the call and text, and feared that Ms Tickle might confront her in person. Ms Grover further states that she had no idea how Ms Tickle had obtained her personal mobile phone number, because as far as she was aware her mobile phone number was not publicly available. That is at best disingenuous. I find that Ms Tickle almost certainly obtained Ms Grover's phone number as a result of Ms Grover communicating it to her. That inference is inescapable because it was included in Ms Grover's email signature, which was included in the reply email Ms Grover sent to Ms Tickle on 8 October 2021.

123 While Ms Grover's affidavit evidence states that Ms Tickle had been removed from the Giggle App in October 2021, and had not regained access thereafter, Ms Grover acknowledged that it was possible Ms Tickle was removed earlier, but no later, and that she would not dispute a date of September 2021. Ms Grover, when informed in cross-examination that Ms Tickle had attempted to make contact with Giggle through the in-App contact form due to her lack of access to the App in September 2021, stated that this indicated she was likely blocked before that point as the block would have meant the in-App form was not operational. This accords with the finding to that effect made above.

124 The emails, phone calls and text message from Ms Tickle to Ms Grover occurred subsequent to Ms Tickle's account restriction, being the reason that she was making contact with Ms Grover. I therefore conclude that the removal must have occurred before the first email was sent on 4 October 2021, likely in September 2021 or alternatively in early October 2021.


Tickle v Giggle for Girls Pty Ltd (No 2) [2024] FCA 960
36