Trkulja v Google Inc

[2018] HCATrans 110

[2018] HCATrans 110

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M88 of 2017

B e t w e e n -

MILORAD TRKULJA
(AKA MICHAEL TRKULJA)

Appellant

and

GOOGLE INC

Respondent

KIEFEL CJ
BELL J
KEANE J
NETTLE J
GORDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 13 JUNE 2018, AT 10.20 AM

Copyright in the High Court of Australia

KIEFEL CJ:   This appeal was heard in Canberra on 20 March 2018 by a Court constituted by Justices Bell, Keane, Nettle, Gordon and myself.  Justices Bell, Keane, Nettle, Gordon and I would allow the appeal.  I publish our joint reasons.

In relation to the orders of the Court I add that despite the late response from the appellant received this morning concerning Google Inc’s application to change its name on the record to Google LLC, there will be an order to this effect.  The Court is of the view that the evidence is clear that under the Delaware Generation Corporation Law, Google LLC is deemed to be the same entity as Google Inc.

The orders of the Court are:

1.Pursuant to rule 42.07.1 of the High Court Rules 2004 (Cth), Google LLC is made the respondent to this appeal in substitution for Google Inc.

2.         Appeal allowed.

3.Set aside orders 2 to 6 of the Court of Appeal of the Supreme Court of Victoria made on 20 December 2016 and in their place order that the appeal be dismissed with costs.

4.The respondent pay the appellant’s costs of the appeal to this Court.

I publish those orders.

AT 10.22 AM THE MATTER WAS ADOURNED