DEFAMATION – Publication – Whether the defendant’s Google reviews and online post were communicated to and comprehended by someone other than the plaintiffs – Whether appropriate to infer publication of Google reviews and online post.

Subject: CONTRACT, RESTITUTION - Catchwords: Agreement to sell café business – whether condition of sale agreement that balance of purchase price was payable only upon the grant of a valid sublease – whether vendor required to repay the balance of purchase price paid because condition not fulfilled or due to a failure of consideration.

1 In September 2020 Mr Davies made a request of the Victoria Police under the Freedom of Information Act 1982 (FOI Act) for:

Copies (including any drafts) of any station registers, running sheets, daybooks, arrest records, photographs, statements or entries of any description in relation to Professor Brett Sutton between [certain dates].

PRACTICE AND PROCEDURE – Leave to discontinue and cost consequences – Where defendant seeks costs on indemnity basis or from plaintiff personally – Where defendant says plaintiff knowingly made false accusations, claim was misconceived and constituted a campaign of harassment – Special circumstances not found - Supreme Court (General Civil Procedure) Rules 2015 (Vic) rr 25. 05, 63. 15 – Cohen v The State of Victoria & Ors (No 3) [2011] VSC 229.