Bruder Expedition Pty Ltd has won its court battle with the administrator of the Lemon Caravans and RV Aust Facebook Group, Ms Tracy Leigh.
Off-road caravan maker, Bruder Expedition Pty Ltd, has won its case against the administrator of the Lemon Caravans and RVs Australia Facebook Group, Ms Tracy Leigh. The landmark decision follows a 10-day hearing in the Brisbane District Court before Judge Susan Sheridan, former Deputy President of the Queensland Civil and Administrative Tribunal (QCAT).
Earlier this year, a link to a website authored by a Mr Charles J. Coles, a disgruntled customer of Bruder, was published on Ms Leigh’s group along with the comment, “I am hoping by showing this to 45,000 members that Bruder might pick up their [sic] act. Losing a sale would cost them [sic] a fortune”.
In July, Judge Sheridan placed an injunction upon Ms Leigh pending the hearing, forcing Ms Leigh to remove all comments and refrain from further discussing the case. In that ruling, Judge Sheridan said Bruder Expedition had shown there was a “prima facie case” for injurious falsehood and that there was “evidence before the court in relation to a number of posts by readers as to the impact that the posts have had on their intentions” to purchase from Bruder.
The case was seen by many within the industry as a test of Ms Leigh’s continued public criticism of Australian RV manufacturers and dealers who’s customers claim to have been denied their rights under Australian Consumer Law.
It is not known if Ms Leigh will appeal the decision.
Stay tuned for more information as it comes to hand.