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Multimillionaire businessman Sean Buckley has claimed in new court documents that an audio recording of him allegedly assaulting ex-girlfriend Jennifer Cole was a sex tape, which he argues imposed a legal obligation on her to keep the recording confidential.

Buckley and his car servicing company, Ultra Tune Australia, launched Supreme Court action in February 2021 to block Cole and former employee Anthony Swords from releasing the recording.

Ultra Tune founder Sean Buckley and ex-girlfriend Jennifer Cole.

But Buckley and his new lawyers now claim the couple were engaged in sexual activity when Cole covertly recorded their conversation in a suite at Crown Metropol Hotel in Southbank in January 2020, according to a revised statement of claim.

“In the new pleading, the plaintiffs [Buckley and Ultra Tune] say that the entire contents of the recording were subject to an obligation of confidence because the recording was made ‘in a private room during a sexual encounter between consenting parties in a non-exclusive sexual and co-parenting relationship’,” according to a published order by Supreme Court Justice Melissa Daly on November 29.

“That this was the case is not readily apparent from the contents of the recording, and the defendants [Cole and Swords] say that the recording could not possibly be characterised as a ‘sex tape’. I agree. However, I accept that there was a short period of time during the recording where the parties were silent, which is consistent with sexual activity possibly having taken place,” she said.

Buckley’s lawyers have also accused Cole of attempting to blackmail him by threatening to release the recording to media unless she received up to $16 million.

Ultra Tune owner Sean Buckley in 2018 on set with the company’s brand ambassadors known as “rubber girls”.Credit: Twitter/Sean Buckley

“In about January 2021, at the Sheraton Hotel in Melbourne, Cole threatened Buckley that if he did not pay her $16 million – being $15 million for an apartment at 17 Spring Street, Melbourne, and $1 million cash – she would release the secret recordings to, inter alia, the Herald Sun and Tracey Grimshaw of A Current Affair,” Buckley’s new statement of claim says.

Cole is also accused of conspiring with Swords for “the common purpose of injuring Buckley and Ultra Tune”. Swords is a co-defendant in the proceedings and was a former employee of Ultra Thoroughbreds, which is also owned by Buckley.

Cole and Swords deny the accusation.

Daly denied an application by the defendants to have the case dismissed. She said the veracity of the allegations in Buckley’s latest statement of claim would be determined at a trial in early 2025, after another directions hearing in February.

Actress and model Pamela Anderson, pictured here with Buckley, featured in Ultra Tune’s advertising campaigns.Credit: Instagram

In February 2021, The Age revealed excerpts of the graphic 20-minute recording, which was sent to police, media organisations and business associates of Buckley.

In October 2021, police laid charges against Buckley for alleged assault, stalking, threats to kill and the installation of a hidden camera. Buckley is contesting the charges in the Magistrates’ Court. The criminal case is due to be heard in October 2024.

The recording captures the Ultra Tune boss allegedly hitting and choking Cole, while he also allegedly makes threats against former friend and business associate Jimmy Seoud.

“What I care about is not going to prison for the next 10 years … Don’t f—ing nag me. I’m going to hit you, I’m going to really hurt you,” Buckley shouted at Cole during the recording.

Seoud – widely known as Jimmy Vegas – was a director and licensee of Surfers Paradise strip club Toybox Gentlemen’s Club, owned by Buckley, until the pair fell out in 2019.

“I’m now quite distressed about what’s going to be revealed. Jen, I could go to prison. Proceeds of crime – I’ll lose everything,” Buckley can be heard saying in the recording.

“This is so f—ing critical. I’ll probably have to hire someone to kill him … OK, I’ve already made those programs to do it, just in case … I’m not going to go spend the rest of my life in prison. I’d rather f—ing shoot him and kill him.”

There is no evidence that Buckley implemented the plan.

In a statement to The Age, Buckley said he was vindicated by Justice Daley’s decision to allow the case to proceed to trial.

“The Supreme Court of Victoria on 29 November, 2023, gave Mr Buckley and Ultra Tune leave to amend their statement of claim to plead that Ms Cole and Mr Swords had been engaged in a conspiracy to injure them by unlawful means,” Buckley said.

Cole and Seoud declined to comment.

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