Rana v Google Inc

Case [2017] FCA 542


FEDERAL COURT OF AUSTRALIA

Rana v Google Inc [2017] FCA 542

Appeal from: Application for leave to appeal: Rana v Google Inc (No 2) [2017] FCA 17
File number: SAD 25 of 2017
Judge: WHITE J
Date of judgment: 19 May 2017
Catchwords:

PRACTICE AND PROCEDURE – application for leave to appeal against refusal of leave to commence proceedings, refusal of leave to serve proceedings outside the jurisdiction and dismissal of the underlying proceedings on the basis that the Court’s jurisdiction to hear and determine them had not been established – whether the applicant could bring an appeal against the refusal of leave to bring proceedings and to amend his interlocutory application – whether the applicant required leave to appeal the dismissal of proceedings on the basis of jurisdiction – consideration of the Court’s jurisdiction to deal with defamation actions against the respondent in circumstances in which a claim against a previous respondent under the Privacy Act 1988 (Cth) had been resolved – consideration of the jurisdiction conferred on the Federal Court by the Jurisdiction of Courts (Cross‑Vesting) Act 1987 (Cth) – held reasonably arguable that the trial Judge had erred in concluding that the applicant had not shown that the Court had jurisdiction.

Held: leave to appeal granted.

Legislation:

Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5

Australian Consumer Law 2010 (Competition and Consumer Act 2010 (Cth), Sch 2) ss 18, 20, 21

Federal Court of Australia Act 1976 (Cth) ss 19, 20(3)(a), 20(3)(c), 24(1A) , 24(1AA)(a), s 24(1D)(b), 31A, 32(1)

Judiciary Act 1903 (Cth) s 39B

Jurisdiction of Courts (Cross‑Vesting) Act 1987 (Cth) s 9(3)

Privacy Act 1988 (Cth)

Defamation Act 2005 (SA) s 21

Cases cited:

Applicant NAGM of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 395

Burgundy Royale Investments Pty Ltd v Westpac Banking Corporation (1987) 18 FCR 212

Cabcharge Australia Ltd v Australian Competition and Consumer Commission [2010] FCAFC 111

Crosby v Kelly [2012] FCAFC 96; (2012) 203 FCR 451

Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397

Ferdinands v The State of South Australia [2017] FCA 32

Johnson Tiles Pty Ltd v ESSO Australia Ltd [2000] FCA 1572; (2000) 104 FCR 564

Rana v Google Australia Pty Ltd [2013] FCA 60

Rana v Google Inc [2016] FCA 461

Residual Assco Group Ltd v Spalvins [2000] HCA 33; (2000) 202 CLR 629

Seven Network Ltd v News Ltd [2005] FCAFC 125; (2005) 144 FCR 379

Date of hearing: 2 May 2017
Registry: South Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 40
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondent: The Respondent did not appear

ORDERS

SAD 25 of 2017
BETWEEN:

RANJIT SHAMSHER JUNG BAHADUR RANA

Applicant

AND:

GOOGLE INC

Respondent

JUDGE:

WHITE J

DATE OF ORDER:

19 MAY 2017

THE COURT ORDERS THAT:

1.Leave is granted to appeal against the orders made by…

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AGLC
Rana v Google Inc [2017] FCA 542
Case
[2017] FCA 542
Decision Date

CaseChat Overview and Summary

The applicant, Rana, sought leave to appeal against the Federal Court's refusal to grant leave to commence defamation proceedings against Google Inc and the dismissal of those proceedings on jurisdictional grounds. The application was brought before the Court by the applicant following the Federal Court's decision to dismiss the originating application filed in 2014 and subsequent interlocutory applications. The Court was required to determine whether the applicant could appeal the refusal of leave to bring proceedings and to amend the interlocutory application, and whether the applicant required leave to appeal the dismissal of proceedings on the basis of jurisdiction.

The Court found that the applicant had a reasonably arguable case for appeal, particularly in relation to the jurisdictional issues. The Court considered the Federal Court's jurisdiction to deal with defamation actions against Google Inc, in light of the resolution of a claim against a previous respondent under the Privacy Act 1988 (Cth). The Court concluded that there was a reasonable arguability that the trial judge had erred in concluding that the applicant had not shown that the Court had jurisdiction. The Court's reasoning was based on the consideration of the jurisdiction conferred on the Federal Court by the Jurisdiction of Courts (Cross‑Vesting) Act 1987 (Cth).

Accordingly, the Court granted leave to appeal against the orders made by Charlesworth J on 25 January 2017 insofar as those orders dismissed the originating application filed on 28 October 2014 and dismissed the interlocutory applications filed on 3 November 2014 and 14 June 2016. The leave to appeal was confined to the seven grounds contained in the draft notice of appeal filed on 27 January 2017, and was to be exercised by 16 June 2017. The application was otherwise dismissed.

Orders

Orders of the court

1. Leave is granted to appeal against the orders made by Charlesworth J on 25 January 2017 insofar as those orders dismissed the originating application filed on 28 October 2014 and dismissed the interlocutory applications filed on 3 November 2014 and 14 June 2016, save to the extent to which the interlocutory applications sought leave to bring proceedings under s 21 of the Defamation Act 2005 (SA) and to amend the Originating Application and Statement of Claim.

2. Subject to any further order by the Court, the leave to appeal is confined to the seven grounds contained in the draft notice of appeal filed on 27 January 2017, and is to be exercised by 16 June 2017.

3. The application is otherwise dismissed.

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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