| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
MAJOR TORTS LIST
S CI 2017 04600
| SRECKO FELIX LORBEK | First Plaintiff |
| and | |
| DAVID PETER LORBEK | Second Plaintiff |
| v | |
| PETER LAWRENCE KING | Defendant |
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JUDGE: | McDonald J |
WHERE HELD: | Melbourne |
DATES OF HEARING: | 11 to 15, 18 to 20 and 29 October 2021; 1, 5 and 18 November 2021 |
DATE OF JUDGMENT: | 5 May 2022 |
CASE MAY BE CITED AS: | Srecko and David Lorbek v Peter King |
MEDIUM NEUTRAL CITATION: | [2022] VSC 218 |
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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.
DEFAMATION – Imputations – Whether pleaded imputations conveyed by matters complained of.
DEFAMATION – Defences – Statutory qualified privilege – Whether defendant’s conduct in publishing defamatory matter was reasonable in the circumstances – Whether defendant’s publication of defamatory matter was actuated by malice.
DEFAMATION – Defences – Common law defence of fair comment – Statutory defence of honest opinion – Whether publications contained statements which were untrue – Whether opinions were based on proper material.
DEFAMATION – Defences – Justification – Whether imputations conveyed by publications were substantially true.
DEFAMATION – Defences – Contextual truth – Whether contextual imputations were substantially true – Whether the plaintiffs’ pleaded defamatory imputations did not further harm the reputation of the plaintiffs because of the substantial truth of contextual imputations.
Defamation Act 2005 – ss 4, 25, 26, 30, 31, 34.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiffs | Mr JD Catlin | MDM Lawyers |
| For the Defendant | In Person – 11 to 15, 18 to 20 October 2021 Mr TJ Mullen – 29 October 2021, 1, 5 and 18 November 2021 | Sanicki Lawyers |
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TABLE OF CONTENTS
| SUMMARY OF FINDINGS | 1 |
| INTRODUCTION AND BACKGROUND | 2 |
| Mr King buys a Porsche Panamera | 7 |
| Mr King drives into a pothole | 13 |
| Mr King’s posts in relation to LLC | 15 |
| PUBLICATION | 17 |
| IDENTIFICATION | 30 |
| IMPUTATIONS | 31 |
| Fraud imputation: Each plaintiff was fraudulent in that he knowingly sold a vehicle with a fraudulent RWC | 33 |
| Fraud imputation: Srecko Lorbek | 35 |
| Fraud imputation: David Lorbek | 36 |
| Criminal Imputation: Each plaintiff engaged in criminal behaviour | 38 |
| Srecko Lorbek: no respect, dishonest and untrustworthy imputations | 39 |
| David Lorbek: liar, dishonest and untrustworthy imputations | 41 |
| Conclusion on imputations | 41 |
| STATUTORY QUALIFIED PRIVILEGE | 42 |
| Did the recipients of the publications have an interest in having information in respect of LLC? | 43 |
| Was the conduct of PK in publishing the defamatory matters reasonable in the circumstances? | 45 |
| Section 30(3)(a): The extent to which the matter published is of public interest | 54 |
| Section 30(3)(b): The extent to which the matters published relates to the performance of public functions or activities of the plaintiffs | 55 |
| Section 30(3)(c): The seriousness of any defamatory imputation carried by the matter published | 55 |
| Section 30(3)(d): The extent to which the matter published distinguishes between suspicions, allegations and proven facts |
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- AGLC
- Srecko and David Lorbek v Peter King [2022] VSC 218
- Case
- [2022] VSC 218
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the defendant’s Google reviews and online post were communicated to and comprehended by someone other than the plaintiffs. It also had to decide whether the defendant's conduct in publishing the defamatory matter was reasonable in the circumstances, and whether the publications contained statements which were untrue. Additionally, the court examined whether the opinions expressed were based on proper material, and whether the imputations conveyed by the publications were substantially true.
The court found that the plaintiffs had not proven publication of the Google reviews, as there was no evidence that anyone other than the plaintiffs themselves had read them. The court held that the online post did constitute publication as it was accessible to the public. Regarding the pleaded imputations, the court determined that the publications did not convey the imputations alleged by the plaintiffs. The court also found that the defendant's conduct was not actuated by malice and that the publications contained opinions based on proper material. The court concluded that the publications were substantially true, and thus, the plaintiffs' pleaded defamatory imputations were not harmful beyond the contextual truth of the statements.
The court ordered that the defendant was not liable for defamation, and the plaintiffs' claims were dismissed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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