Google LLC v Pushkar Chitkara

This matter concerned an application by Google LLC for an order to set aside a subpoena issued by the applicant, Pushkar Chitkara, in proceedings before the Federal Court of Australia. Mr. Chitkara had commenced proceedings against Google LLC alleging contraventions of the *Australian Consumer Law* and seeking damages. The subpoena sought the production of documents from Google LLC relating to the operation of its search engine and the ranking of search results, which Mr. Chitkara contended were relevant to establishing Google's alleged contraventions.

The primary legal issue before the Court was whether the subpoena, as issued, was an abuse of process. Specifically, the Court was required to consider whether the subpoena sought documents that were irrelevant to the proceedings, unduly broad, or oppressive, thereby justifying its setting aside. This involved an assessment of the proportionality of the discovery sought in relation to the claims being advanced by Mr. Chitkara.

Justice Tuohy found that the subpoena was unduly broad and sought documents that were not sufficiently relevant to the specific allegations made in Mr. Chitkara's statement of claim. Her Honour applied the principles governing the issue of subpoenas, including the requirement that discovery must be proportionate to the issues in dispute and that subpoenas should not be used as a fishing expedition. The Court considered that the breadth of the request for documents relating to Google's search engine algorithms and ranking methodologies went beyond what was necessary to prove Mr. Chitkara's case.

Accordingly, the Court ordered that the subpoena be set aside.