FEDERAL COURT OF AUSTRALIA
Rana v Google Inc (No 2) [2017] FCA 17
File number: SAD 286 of 2014 Judge: CHARLESWORTH J Date of judgment: 25 January 2017 Catchwords: HIGH COURT AND FEDERAL COURT – jurisdiction – proposed claim founded in defamation – whether defamation claim falls within associated jurisdiction conferred under s 32 of the Federal Court of Australia Act 1976 (Cth) – federal claims inadequately pleaded – unclear on pleadings whether defamation claim forms a part of the same justiciable controversy as claims alleging contraventions of a Commonwealth law – applicant not seeking leave to re-plead – application dismissed
PRACTICE AND PROCEDURE – application for leave to serve originating application and statement of claim outside of the jurisdiction – pleadings not sufficiently clear to require a foreign party to respond – leave to serve refused
Legislation: Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), ss 18, 21, 232
Defamation Act 2005 (SA), s 21
Federal Court of Australia Act 1976 (Cth), ss 19, 32, 37M
Federal Court Rules 2011 (Cth), rr 1.32, 1.37, 2.27, 10.42, 10.43, 16.02, 16.21
Judiciary Act 1903 (Cth), s 39B, 39B(1A)
Trade Practices Act 1974 (Cth)
Cases cited: Australian Securities and Investments Commission v Cassimatis (No 2) [2013] FCA 1008, (2013) 96 ACSR 272
Banque Commerciale SA, En Liquidation v Akhil Holdings Limited (1990) 169 CLR 279
Barclay Mowlem Construction Ltd v Dampier Port Authority [2006] WASC 281, (2006) 33 WAR 82
Beck v Spalla (2005) 142 FCR 555
Burgundy Royale Investments Pty Ltd v Westpac Banking Corporation (1987) 18 FCR 212
Dare v Pulham (1982) 148 CLR 658
Fair Work Ombudsman v Eastern Colour Pty Ltd [2011] FCA 803, (2011) 209 IR 263
Fencott v Muller (1983) 152 CLR 570
Hunt Australia Pty Ltd v Davidson’s Arnhemland Safaris Pty Ltd [2000] FCA 1690, (2000) 179 ALR 738
Johnson Tiles Pty Ltd v Esso Australia Pty Ltd (2000) 104 FCR 564
Philip Morris Incorporated v Adam P Brown Male Fashions Proprietary Limited (1981) 148 CLR 457
Qantas Airways Ltd v Lustig (2015) 228 FCR 148
Rana v Google Australia Pty Ltd [2013] FCA 60
Rana v Google Inc [2016] FCA 461
Re Wakim; Ex Parte McNally (1999) 198 CLR 511
Rivera v Australian Broadcasting Corporation (2005) 144 FCR 334
Spiteri v Nine Network Australia Pty Ltd [2008] FCA 905
Underdown v Secretary, Department of Education, Employment and Workplace Relations [2009] FCA 965
Date of hearing: 27 June 2016 Registry: South Australia Division: General Division National Practice Area: Administrative and Constitutional Law and Human Rights Category: Catchwords Number of paragraphs: 58 Counsel for the Applicant: The Applicant appeared in person Counsel for the Respondent: The Respondent did not appear ORDERS
SAD 286 of 2014 BETWEEN: RANJIT SHAMSHER JUNG BAHADUR RANA
Applicant
AND: GOOGLE INC
Respondent
JUDGE:
CHARLESWORTH J
DATE OF ORDER:
25 JANUARY 2017
THE COURT…
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- Case
- [2017] FCA 17
- Decision Date
CaseChat Overview and Summary
The court found that the defamation claim did not fall within the associated jurisdiction provided by section 32 of the Act, as it was not adequately pleaded as a federal matter. Furthermore, the court held that the defamation claim did not form part of the same justiciable controversy as the claims alleging contraventions of the ACL. The court also found that Rana was not seeking leave to re-plead, and therefore, the application for leave to serve the originating application and statement of claim outside the jurisdiction was dismissed.
In dismissing the application, the court emphasised the importance of efficiently using judicial and administrative resources, as well as the efficient disposal of the court's overall caseload. The court held that granting leave to Rana to file an improved pleading would not serve these objectives, as Rana had acknowledged that he was not capable of doing so. Consequently, the whole of the proceedings against Google should be dismissed due to incurable deficiencies in the pleadings.
ORDERS:
1. The applicant’s interlocutory application of 3 November 2014 is dismissed.
2. The applicant’s interlocutory application of 14 June 2016 is dismissed.
3. The originating application is dismissed.
Orders
Orders of the court
1. The applicant’s interlocutory application of 3 November 2014 is dismissed.
2. The applicant’s interlocutory application of 14 June 2016 is dismissed.
3. The originating application is 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
Ratio Decidendi
Legal Principle Established
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