Moran v Google LLC

[2024] FCA 181

FEDERAL COURT OF AUSTRALIA

Moran v Google LLC [2024] FCA 181    

File number(s):

NSD 1153 of 2023

Judgment of:

HALLEY J

Date of judgment:

1 March 2024

Catchwords:

PRACTICE AND PROCEDURE – application for preliminary discovery pursuant to r 7.22 of the Federal Court Rules 2011 (Cth) (Rules) – whether proceedings are of a kind stipulated by the Rules – whether requirements of r 10.42 and r 10.43 of the Rules have been met – whether the prospective applicant has a prima facie case – where Google LLC consents to the making of the orders – application granted – orders made

Legislation:

Federal Court Rules 2011 (Cth) rr 7.22, 10.42, 10.43

Cases cited:

Kabbabe v Google LLC [2020] FCA 126

Kandola v Google LLC [2021] FCA 1262

Lin v Google LLC [2021] FCA 1113

Division:

General Division

Registry:

New South Wales

National Practice Area:

Other Federal Jurisdiction

Number of paragraphs:

20

Date of hearing:

1 March 2024

Counsel for the Applicant:

Mr W Evatt

Solicitor for the Applicant:

CMC Lawyers Pty Limited

Counsel for the Respondent:

The respondent did not appear

ORDERS

NSD 1153 of 2023

BETWEEN:

BRENDAN JOSEPH MORAN

Applicant

AND:

GOOGLE LLC

Respondent

ORDER MADE BY:	HALLEY J
DATE OF ORDER:	1 MARCH 2024

THE COURT NOTES THAT:

A.The application for preliminary discovery made by the prospective applicant was heard on Friday, 1 March 2024 at the Federal Court of Australia, New South Wales Registry.

B.On reading the prospective applicant’s evidence, and upon (a) hearing submissions from counsel for the prospective applicant, (b) being advised of efforts to bring this application for preliminary discovery to the notice of John Doe and Jane Doe, (c) being advised by counsel for the prospective applicant that Google LLC (Google) was served with the application for preliminary discovery, and (d) where Google did not appear to oppose the application for preliminary discovery and has not taken steps to attorn to the jurisdiction of the Court, the Court was prepared to make the following orders.

THE COURT ORDERS THAT:

1.Google is to provide to the prospective applicant by email at [e-mail], within 20 days of being served with these orders:

(a)the subscriber’s registration information of the Google account associated with the Google Maps review: <

(First Google Account) as well as the IP addresses of the logins to the First Google Account, to the extent that such information or data is in the possession of and reasonably available to Google as at the date of these orders; and

(b)the subscriber’s registration information of the Google account associated with the Google Maps review attributed to “H P” and posted to the Google Maps Review page accessible at: < or around December 2022 as identified in Annexure JDZ2 to the affidavit of Jacob David Zeitoun sworn on 11 October 2023 (Second Google Account) (noting that the specific Google Maps review URL address is unavailable to the applicant as the review has since been deleted), as well as…