Bruder Expedition Vehicles’ Toby Bosschieter said “Bruder respects the decision of the High Court of Australia delivered on 11 March 2021.”
In a statement sent to RV Daily today, Mr Bosschieter said “While we are disappointed the High Court has dismissed Bruder’s application, we continue to acknowledge that the Court of Appeal confirmed that statements made about Bruder and its products were false.”
Mr Bosschieter’s statement was in response to the news today that Bruder’s application to the High Court of Australia for leave to appeal the overturned injurious falsehood judgement against the administrator of the Lemon Caravans and RV’s in Australia Facebook Group, Ms Tracy Leigh, had been dismissed with costs. This effectively ends their legal action against Ms Leigh.
In their statement, Bruder was keen to point out that, in their view, according to the judgement statement from the Queensland Court of Appeal hearing, the publication on a website by one of Bruder’s customers, Mr Charles J. Coles, which started the whole affair, falsely alleged that Bruder produced defective caravans.
Bruder’s statement included the following extracts of the Supreme Court of Queensland Court of Appeal’s ruling to support their view.
“The publication on Mr Coles’s website falsely alleged that the respondent produced defective caravans…”
“There is no doubt that the appellant (Ms Leigh) was someone who was emotionally intense in her opinions on the subject of caravan manufacturing and that she was, accordingly, prone to use the most vigorous and vehement, even intemperate, language when criticising the respondent (Bruder) and others.”
“…believing Mr Coles’s false complaints to be true, even if the belief was an instance of wilful blindness, to think that she should publish his complaints as a warning to potential purchasers of the respondent’s caravans and to persist in publishing them until the respondent rectified matters. Her motive in such a case would not have been to harm the respondent, although that might be the incidental result. It would have been to warn potential purchasers. It would have been quite another thing for the appellant to publish Mr Coles’s untrue statements, not caring whether they were true or not, and not in order to warn potential customers to take care against possible loss, but for the dominant or real purpose to hurt the respondent’s business. Both are instances of commercially damaging acts but only the second is actionable.”
The case of Bruder vs Coles is still before the courts and no determination has yet been made as to the facts of the case.
Mr Bosschieter told RV Daily, “We will continue without interruption or compromise, demonstrating our reputation for experience, dedication, innovation and superior product development strategies. Our industry-leading safety and manufacturing standards exceed Australian & International requirements for off-road manufacturing and are independently audited and validated by engineering experts and agencies.”
“We are proud of the relationships we have built with our clients and the exceptional ongoing service we provide.”
He added, “We are grateful for the ongoing support of our Australian and international clients who understand our commitment to building the safest and most advanced Expedition Trailers in the world.”
In a statement posted on her Facebook group today, Ms Leigh said “I published the truth in the public interest. I have been vindicated.”