Trkulja v Google Inc

In Trkulja v Google Inc, the plaintiff, Mr Trkulja, sought to sue Google for defamation, alleging that the search engine was responsible for the publication of defamatory material about him. The case was heard in the Supreme Court of New South Wales, where the primary legal issues were whether Google had intended to publish the defamatory material and whether, as a proprietor of an internet search engine, Google should be immune from liability. The court was also asked to consider an application by Google to set aside the service of the writ out of jurisdiction on the basis that the court lacked the necessary jurisdiction to hear the matter.

The court found that Google did not intend to publish the defamatory material and, as such, was not liable for the content found through its search engine. The court further held that Google, as a proprietor of an internet search engine, did not have a duty to monitor or edit the content available through its platform. Consequently, Google did not owe a duty of care to the plaintiff in relation to the defamatory content. The court dismissed the application to set aside the service of the writ, finding that the plaintiff had a real prospect of success at trial. This determination was based on the court's assessment of the balance of convenience, the plaintiff's prospects of success, and the importance of the issues in the case.

The final orders of the court were that Google's application to set aside the service of the writ out of jurisdiction was dismissed, and the court retained jurisdiction to hear the defamation claim. This decision underscored the importance of distinguishing between the role of internet search engines as passive conduits of information and the potential liability of such platforms for the content they facilitate.