A Melbourne car dealer who took a disgruntled client to court for leaving scathing Google reviews was defamed in the posts, but still lost the bitter court battle.

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.

Subject: DEFAMATION - Catchwords: Defamatory imputation – defence of justification – common law and statutory qualified privilege - triviality

INDUSTRIAL LAW – Application in a case for leave to join six additional parties as respondents to proceedings under the Fair Work Act 2009 (Cth) – whether necessary – other factors relevant to exercise of discretion – application in a case dismissed – time extended for applicant to file amended statement of claim.

INDUSTRIAL LAW – Fair Work – interlocutory application for summary dismissal – summary judgment – interlocutory application to strike out statement of claim – interlocutory application for discovery – procedural orders – no order as to costs.

PRACTICE AND PROCEDURE – COSTS – two distinct claims made in proceeding – plaintiff successful on claim which took most of time, unsuccessful on the other – whether costs should be apportioned – Hancock v Rinehart (Costs) Callus v KB Investments (No 2) [2020] VCC 455 (1 May 2020)

TRADE PRACTICES – Misleading or deceptive conduct – Sale of goods – Representations –Reliance – Oral representations as to suitability of seeds – Whether representations made – Whether relied on – Findings of fact – No error – Appeal dismissed – Trade Practices Act 1974 (Cth) ss 52, 53(c).