Lorbek Luxury Cars owner Srecko Lorbek told his online reviews not ’sexy’ enough for people to care
A judge has deemed luxury car dealer Srecko Lorbek’s online reviews not “sexy” enough for people to care in what has become a marathon defamation stoush.
Police & Courts
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A judge has told a luxury car dealer his online reviews are not “sexy” enough for people to care about as the businessman appeals his defamation case.
Srecko Lorbek, owner of Melbourne-based Lorbek Luxury Cars, and his brother David have refused to stand down from a long-running legal fight against disgruntled customer Peter King, despite losing the case last year.
The Lorbeks had accused Mr King of a smear campaign after he posted one star reviews online, claiming Lorbek Luxury Cars had knowingly sold him an unroadworthy Porsche.
But the Supreme Court last year ruled Mr King’s reviews, though defamatory, were protected by qualified privilege.
Qualified privilege allows free communication in certain relationships without risk of defamation action.
The Lorbeks have appealed the decision in the Court of Appeal, where their lawyer on Thursday argued anyone who was interested in the Lorbeks could view the Port Melbourne dealership’s Google reviews.
But Justices David Beach, Kristen Walker and Robert Osborn questioned why anyone other than potential customers would take the time to read the reviews.
“It’s not sexy,” Justice Beach said.
“This is about as boring as it gets.”
In online reviews, Mr King warned others about the dealership.
“If you’re thinking of dealing with Lorbek turn and run away,” Mr King had written.
“They don’t deserve any stars.”
The Lorbeks’ lawyer told the court more than a dozen posts were published by Mr King.
But Mr King’s lawyer denied the claim, saying there were only five posts.
Justice Walker also noted there were many one star ratings among hundreds of other reviews.
“Is someone really going to scroll through all of those reviews?” she said.
The Lorbeks’ lawyer argued Mr King acted with malice when he published a review under a false name.
The lawyer said Mr King wanted to “create a false impression that other people held the same view of LLC as he did”.
But the claim was also struck down by Justice Beach.
“You may be boxing at shadows,” he said.
Last years trial heard the “mutual disregard” between the parties “palpable”, but it had not been established that Mr King had acted with malice.
Mr King began writing the reviews after purchasing the 2011 Porsche Panamera Turbo from LLC for about $150,000.
He later discovered a third party mechanic engaged by the Lorbek’s had used a faulty instrument to measure the Porsche’s brake rotors.
VicRoads banned the mechanic business from issuing road worthy certificates for four weeks in 2017 following investigations.
The court will hand down its decision at a later date.
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