It all began back in March when Otis Carey was profiled in Surfing Life with the writer using the term to describe Carey, also noting surprise at how articulate the pro surfer was.

The magazine quickly apologised and amended the story online but was sued for defamation – the parties settled out of court.

Unfortunately for the Telegraph, it repeated the exact same sentences used by Surfing Life in a later story, which has since been deleted, and Carey is now gunning for them.

A hearing is set for September 12, with the surfing world split on the claim.

The news comes as Australian Prime Minister Tony Abbott scrapped controversial and widely unpopular plans to change the Racial Discrimination Act.

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