Lollypotz Pty Ltd ACN 135 723 885 v Productreview.Com.Au Pty Ltd ACN 127 714 752 (Civil Dispute)

Lollypotz Pty Ltd, an Australian company, filed a lawsuit against Productreview.Com.Au Pty Ltd, another Australian company that operates a consumer opinion website. The dispute revolves around Lollypotz's allegation that Productreview.Com.Au intentionally interfered with its economic relations by removing 5-star and 4-star reviews from Lollypotz's profile on the website. The case was heard in the relevant Australian court, which was tasked with determining whether Productreview.Com.Au's actions constituted the tort of injurious falsehood and whether Lollypotz's claim was substantiated.

The court had to address several legal issues, including the elements required to establish the tort of injurious falsehood, such as the publication of a false statement, the intention to cause economic harm, and the resulting economic loss. Additionally, the court had to consider the evidentiary requirements for Lollypotz to prove its case, including the burden of proof and the standard of evidence needed to substantiate the claim.

After evaluating the evidence and arguments presented by both parties, the court concluded that Lollypotz failed to establish its case on the balance of probabilities. The court found that Lollypotz did not provide sufficient evidence to support its claim that Productreview.Com.Au intentionally removed the reviews with the intention to cause economic harm. Consequently, the court dismissed Lollypotz's application for relief against Productreview.Com.Au.

In addition to dismissing the application, the court issued an order prohibiting the publication or disclosure of the hearing transcript from 27 April 2021 without the Tribunal's permission. This order aimed to protect the privacy and confidentiality of the proceedings, as well as maintain the integrity of the legal process.