In a statement sent to CNN by her attorneys on Tuesday, Anna Palus accused Kyrgios of making the allegation, which she called “reckless and entirely baseless,” and which she says caused her and his family, “substantial damage and distress”.
“I am not litigious, but after careful consideration, I have concluded that I have no choice but to ask my lawyers Brett Wilson LLP to bring a defamation action against Mr. Kyrgios in order to erase my name,” the statement read.
“The need to obtain substantiation and to prevent the allegation from being repeated are the only grounds for taking legal action. Any damages recovered will be donated to charity.”
She added: “I hope Mr Kyrgios will reflect on the harm he has caused me and my family and come up with a speedy resolution to this matter.
“However, if he does not want to do so, I undertake to obtain a show of cause in the High Court.
Kyrgios, who was eventually beaten by Novak Djokovic in the match that day, had been angry during the game after saying there was noise in the crowd.
He expressed his anger to the chair umpire at the time, demanding that the fan be kicked out of the stadium for constantly talking to him during a match.
“She’s completely drunk, so kick her out,” he said.
When asked by the referee which supporter it was, Kyrgios gestured towards the stands and said: “The one who looks like she’s had about 700 drinks.”
Palus says she was temporarily removed from the arena as a result.
“During the final, Nick Kyrgios made a reckless and completely baseless allegation against me,” Palus said in his statement.
“Not only did it cause massive damage that day, resulting in my temporary removal from the arena, but Mr. Kyrgios’ false allegation was broadcast and read by millions around the world, causing me and my my family very significant damage and distress.”
CNN Sport has reached out to Kyrgios’ legal team for comment, but has yet to receive a response.
The 27-year-old is due to play in the US Open this year, which runs from August 29 to September 11.
