Rana v Google Inc

In the matter of Rana v Google Inc, the applicant seeks leave to serve proceedings against Google in relation to defamation and other claims. The applicant argues that the court should permit service of the proceedings on Google, a foreign corporation, as the existing originating application and statement of claim are not adequately pleaded. The court is required to decide whether the current pleadings are sufficient to warrant the grant of leave to serve the proceedings overseas and if not, whether the pleadings should be struck out or if the applicant should be given an opportunity to re-plead.

The court found that the existing documents were not sufficiently clear and precise to fairly require a respondent party to plead to them. The court determined that the application and the statement of claim needed to be in proper form, and leave to make the defamation claim was required. Additionally, the court considered whether the claims in negligence and under the Australian Consumer Law were capable of sustaining the alleged claim against Google. Given that Google is a foreign corporation, the court needed to be satisfied that there was a properly pleaded and arguable case against Google before granting leave to serve the proceeding overseas.

The court refused the application to confirm service of the originating application and statement of claim on Google, and the application for leave to serve the originating application and statement of claim was stood over to a date to be fixed. The applicant was given leave to file an amended application and statement of claim by a specified date and to apply in writing to the Registrar for the interlocutory application to be relisted for further hearing. If the applicant failed to file the amended documents and apply within the specified timeframe, the principal application would be dismissed.

In conclusion, the court deferred the consideration of the interlocutory application and ordered that the applicant file amended documents and apply for a further hearing within the specified timeframe. The existing application and statement of claim were not deemed sufficient, and leave to serve the proceedings on Google was refused. The applicant was given an opportunity to re-plead their claims, subject to meeting the specified deadlines.