Neville v Google LLC

FEDERAL COURT OF AUSTRALIA

Neville v Google LLC [2023] FCA 625  

File number(s):	NSD 366 of 2023
Judgment of:	JACKMAN J
Date of judgment:	8 June 2023
Catchwords:	PRACTICE AND PROCEDURE – application for preliminary discovery pursuant to r 7.22 of the Federal Court Rules 2011 (Cth) – communications made to commercial partners and contractual counterparties – potential causes of action in defamation and injurious falsehood – application substantially granted
Legislation:	Federal Court Rules 2011 (Cth) r 7.22
Cases cited:	International Wushu Federation v Google LLC [2021] FCA 904
Division:	General Division
Registry:	New South Wales
National Practice Area:	Other Federal Jurisdiction
Number of paragraphs:	11
Date of hearing:	8 June 2023
Counsel for the Applicant:	Mr C P O’Neill
Solicitor for the Applicant:	Kay & Hughes
Counsel for the First Respondent:	Mr N D Riordan
Solicitor for the First Respondent:	Corrs Chambers Westgarth
Counsel for the Second Respondent:	The Second Respondent did not appear.

ORDERS

NSD 366 of 2023

BETWEEN:

LUCY MADELINE NEVILE

Applicant

AND:

GOOGLE LLC

First Respondent

MICROSOFT CORPORATION

Second Respondent

ORDER MADE BY:	JACKMAN J
DATE OF ORDER:	8 JUNE 2023

THE COURT ORDERS THAT:

1.The First Respondent give discovery within 21 days to the Prospective Applicant by email to [e-mail] of any document or thing that is or has been in its possession, power or control containing the following:

(a)The subscriber information for each of the Gmail Accounts;

(b)The name of the users of each of the Gmail Accounts;

(c)The IP address or addresses and associated information relating to each of the Gmail Accounts;

(d)Any phone numbers associated with each of the Gmail Accounts;

Where “Gmail Accounts” means the following email accounts:

[e-mail]

[e-mail]

[e-mail]

[e-mail]

[e-mail]

[e-mail]

[e-mail]

Where “Relevant Gmail Dates” means the following dates:

a.20 February 2023;

b.10 March 2023;

c.15 March 2023;

d.17 March 2023;

e.21 March 2023;

f.30 March 2023;

g.1 April 2023;

h.3 April 2023;

i.25 April 2023;

j.28 April 2023;

k.25 May 2023.

2.The Second Respondent give discovery within 21 days to the Prospective Applicant by email to [e-mail] of any document or thing that is or has been in its possession, power or control containing the following:

(a)The subscriber information for each of the Outlook Accounts;

(b)The name of the users of each of the Outlook Accounts;

(c)The IP address or addresses and associated information relating to each of the Outlook Accounts;

(d)Any phone numbers associated with each of the Outlook Accounts;

(e)Any location metadata associated with each of the Outlook Accounts; and

(f)Any other Microsoft accounts including their full name and email address and identifying details which may have originated from the same IP address during a similar time period to when any of the Outlook Accounts were accessed to transmit emails regarding the Prospective Applicant, being the Relevant Outlook Dates.

Where “Outlook Accounts” means the following email accounts:

[e-mail]

[e-mail] 

[e-mail]

[e-mail]

[e-mail]

[e-mail]

Where “Relevant Outlook Dates” means the following dates:

a.17 February 2023;

b.1 March 2023;

c.8 March 2023;