FEDERAL COURT OF AUSTRALIA
Rana v Google Australia Pty Ltd [2013] FCA 60
Citation: Rana v Google Australia Pty Ltd [2013] FCA 60 Parties: RANJIT SHAMSHER JUNG BAHADUR RANA v GOOGLE AUSTRALIA PTY LTD, DARDA GREGUREV, NINA GREGUREV and GOOGLE INC File number: SAD 98 of 2012 Judge: MANSFIELD J Date of judgment: 7 February 2013 Catchwords: PRACTICE AND PROCEDURE – summary judgment – Federal Court of Australia Act 1976 (Cth), s 31A – meaning of “no reasonable prospect”
DEFAMATION – identity of publisher – whether local subsidiary company can be considered publisher of material published by foreign holding company – principles applicable to ascertaining liability as publisher discussed
PRACTICE AND PROCEDURE – application for leave to serve originating application outside Australia – Federal Court Rules 2011 (Cth), rr 10.42, 10.43 – whether regard may be had to discursive nature of originating application – Federal Court Rules 2011 (Cth), rr 1.31, 1.33
DEFAMATION – publication – publication on internet – whether respondent can be held liable as the publisher of material displayed on websites it hosted but of which it had no notice – defence of innocent dissemination – defence of triviality – whether informal, spontaneous nature of the form of publication enlivens defence of triviality
Legislation: Federal Court of Australia Act 1976 (Cth) s 31A(2)
Federal Court Rules 2011 (Cth) rr 1.31, 1.33, 8.03, 8.05, 10.42, 10.43, 16.02, 26.01
Disability Discrimination Act 1992 (Cth)
Racial Discrimination Act 1975 (Cth)
Evidence Act 1995 (Cth) s 75
Defamation Act 2005 (SA) ss 30, 31Cases cited: Spencer v Commonwealth (2010) 241 CLR 118 considered
Dandaven v Harbeth Holdings Pty Ltd [2008] FCA 955 considered
Trkulja v Google Inc (No 2) [2010] VSC 490 cited
A v Google New Zealand Ltd [2012] NZHC 2352 considered
Tamiz v Google Inc and Google UK Ltd [2012] EWHC 449 (QB) considered
John Pfieffer Pty Ltd v Rogerson (2000) 203 CLR 503 cited
Berezovsky v Michaels [2000] 2 All ER 986 cited
Dow Jones & Co Inc v Gutnick (2002) 210 CLR 575 cited
Darrell Lea Chocolate Shops Pty Ltd v Spanish-Polish Shipping Co Inc (1990) 25 NSWLR 568 cited
Suzlon Energy Ltd v Bangad (No 3) [2012] FCA 123 cited
Agar v Hyde (2000) 201 CLR 552 cited
Duffy v Google Inc [2011] SADC 178 cited
Byrne v Deane [1937] 1 KB 818 cited
Urbanchich v Drummoyne Municipal Council (1991) Aust Torts Reports ¶ 81-127 considered
Metropolitan International Schools Ltd v Designtechnica Corporation [2009] EHC 1765 (QB) considered
Davison v Habeeb [2011] EWHC 3031 considered
Trkulja v Google Inc LLC (No 5) [2012] VSC 533 considered
McPhersons Ltd v Hickie (1995) Aust Torts Reports ¶81-348 cited
Thomspon v Australian Capital Television Pty Ltd (1997) Aust Torts Reports ¶81-412 considered
Vizetelly v Mudie’s Select Library Ltd [1900] 2 QB 170 cited
Radio 2UE Sydney Pty Ltd v Chesterton (2009) 238 CLR 460 cited
Amalgamated Television Services Pty Ltd v Marsden (1998) 43 NSWLR 158 considered
Smith v ADVFN Plc [2008] EWHC 1797 (QB) considered
Lang v…
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- Case
- [2013] FCA 60
- Decision Date
CaseChat Overview and Summary
The key legal issue before the court was whether Mr Rana's claims had any reasonable prospects of success. The defendants argued that Mr Rana's claims were frivolous and vexatious and that there was no evidence to support the allegations. The court had to consider the principles set out in Dandaven v Harbeth Holdings Pty Ltd, particularly the caution required in summarily dismissing a claim and the importance of not dismissing a claim based on a predictive assessment of its prospects. The court also needed to determine if there were any genuine factual disputes that warranted a trial.
The court found that Mr Rana's claims were not supported by any evidence and that there were no genuine factual disputes that would warrant a trial. The plaintiff had not provided any evidence to substantiate his claims, and the court noted that the plaintiff's allegations were vague and lacked detail. The court concluded that the plaintiff's claims had no reasonable prospects of success and dismissed the proceeding with costs. The court found that the defendants' application for summary judgment was successful, and the plaintiff's claims were dismissed.
Orders
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Background
Background to the litigation
Evidence
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Decision
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Ratio Decidendi
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