FEDERAL COURT OF AUSTRALIA
Rana v Google Inc [2021] FCA 1360
File number: SAD 147 of 2021 Judgment of: COLVIN J Date of judgment: 3 November 2021 Catchwords: PRACTICE AND PROCEDURE - application for service outside of jurisdiction - whether Court persuaded proceedings would not be stayed as abuse of process - whether compelling reason why application should be refused - whether documents abuse of process or demonstrate good arguable case - application refused
PRACTICE AND PROCEDURE - application for leave to serve respondents pursuant to s 21 of Defamation Act 2005 (SA) - where provision provides permission of court required to bring further defamation proceedings in relation to same defamatory matter - where no explanation provided by applicant supporting application for leave - application refused
Legislation: Federal Court Rules 2011 (Cth) r 10.43
Defamation Act 2005 (SA) s 21
Cases cited: Duffy v Google LLC [2019] SASC 157
Nyoni v Murphy [2018] FCAFC 75; (2018) 261 FCR 164
Rana v Registrar Cridland [2021] FCA 848
Trina Solar (US), Inc v Jasmin Solar Pty Ltd [2017] FCAFC 6; (2017) 247 FCR 1
Division: General Division Registry: South Australia National Practice Area: Other Federal Jurisdiction Number of paragraphs: 23 Date of last submissions: 23 September 2021 (Applicant) Date of hearing: Determined on the papers Counsel for the Applicant: The Applicant appeared in person Counsel for the Respondents: The Respondents did not appear ORDERS
SAD 147 of 2021 BETWEEN: RANJIT SHAMSHER JUNG BAHADUR RANA
Applicant
AND: GOOGLE INC
First Respondent
AUTOMATTIC INC
Second Respondent
JANICE DUFFY
Third Respondent
DARDA GREGUREV
Fourth RespondentNINA GREGUREV
Fifth RespondentMICROSOFT CORPORATION INC
Sixth Respondent
ORDER MADE BY:
COLVIN J
DATE OF ORDER:
3 NOVEMBER 2021
THE COURT ORDERS THAT:
1.The application by the applicant for leave to serve the originating application and document entitled 'Final Substituted Statement of Claim' on each of the first, second and sixth respondents is refused.
2.The application for an order under s 21 of the Defamation Act 2005 (SA) in respect of the claim in these proceedings is refused with liberty to bring a further application.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
COLVIN J:
Mr Rana has commenced defamation proceedings against six respondents. As to three of those respondents, Google Inc, Automattic Inc and Microsoft Corporation Inc he seeks leave to serve the proceedings out of the jurisdiction. As to two other respondents, Ms Darda Gregurev and Ms Nina Gregurev he seeks leave to serve the application on them pursuant to s 21 of the Defamation Act 2005 (SA). Mr Rana was invited to make written submissions in support of his applications and was afforded an opportunity for the matters to then be listed for oral argument or for the applications to be dealt with on the papers. Mr Rana indicated that he was content for his applications to be dealt with on…
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- AGLC
- Rana v Google Inc [2021] FCA 1360
- Case
- [2021] FCA 1360
- Decision Date
CaseChat Overview and Summary
The court found that the application for leave to serve the documents was an abuse of process as there was no explanation provided by the plaintiff for the application. Additionally, the court found that there was no compelling reason to allow the application as the plaintiff had already initiated defamation proceedings and was seeking to bring further proceedings in relation to the same defamatory matter. The court also found that the documents provided by the plaintiff did not demonstrate a good arguable case and were an abuse of process.
As a result, the court refused the application for leave to serve the documents on the defendants outside of the jurisdiction. The court also refused the application for an order under s 21 of the Defamation Act 2005 (SA) in respect of the claim in these proceedings, with liberty to bring a further application. The court made it clear that the plaintiff could bring a further application if they were able to provide a compelling reason and demonstrate a good arguable case.
The final orders of the court were that the application by the plaintiff for leave to serve the originating application and document entitled 'Final Substituted Statement of Claim' on each of the first, second and sixth respondents was refused. The application for an order under s 21 of the Defamation Act 2005 (SA) in respect of the claim in these proceedings was also refused, with liberty to bring a further application. These orders were entered in accordance with Rule 39.32 of the Federal Court Rules 2011.
Orders
Orders of the court
1. The application by the applicant for leave to serve the originating application and document entitled 'Final Substituted Statement of Claim' on each of the first, second and sixth respondents is refused.
2. The application for an order under s 21 of the Defamation Act 2005 (SA) in respect of the claim in these proceedings is refused with liberty to bring a further application.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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