FEDERAL COURT OF AUSTRALIA
Young v Facebook Australia Pty Ltd [2015] FCA 1440
Citation: Young v Facebook Australia Pty Ltd [2015] FCA 1440 Parties: G YOUNG v FACEBOOK AUSTRALIA PTY LTD File number: ACD 108 of 2015 Judge: GRIFFITHS J Date of judgment: 17 December 2015 Catchwords: PRACTICE AND PROCEDURE – respondent’s interlocutory application seeking summary judgment or that the proceeding be struck out – applicant’s interlocutory application seeking leave to serve on two companies outside the jurisdiction a proposed amended statement of claim – where the respondent claims it has no responsibility for the conduct the subject of the applicant’s claims – where the applicant proposes to raise claims of misleading or deceptive conduct and/or unconscionability, and breach of the implied Constitutional right of political communication Legislation: Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)) ss 18, 20
Evidence Act 1995 (Cth) s 75
Federal Court of Australia Act 1976 (Cth) ss 31A, 31A(2)
Federal Court Rules 2011 (Cth) rr 16.21(1)(e), 26.01(1)(a)
Judiciary Act 1903 (Cth) s 78B
Cases cited: A v Google New Zealand [2012] NZHC 235
ACCC v CG Berbatis Holdings Pty Ltd [2003] HCA 18; (2003) 214 CLR 51
C v Commonwealth of Australia [2015] FCAFC 113
Cavar v Green Gate Pty Ltd [2015] FCA 1179
Christou v Stantons International Pty Ltd [2010] FCA 1150
Coles Supermarkets Australia Pty Ltd v FKP Limited [2008] FCA 1915
Commercial Bank of Australia Ltd v Amadio [1983] HCA 14; (1983) 151 CLR 447
Dandaven v Harbeth Holdings Pty Ltd [2008] FCA 955
Dey v Victorian Railways Commissioners [1949] HCA 1; (1949) 78 CLR 62
General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125
James v Commonwealth [1939] HCA 9; (1939) 62 CLR 339
Kruger v Commonwealth [1997] HCA 27; (1997) 190 CLR 1
Lange v Australian Broadcasting Corporation [1997] HCA 25; (1997) 189 CLR 520
Mander Forklift Pty Ltdv Dairy Famers Co-Operative (1990) ATPR 46-061
Nicolic v MGICA Ltd [1999] FCA 849
Rana v Google Australia Pty Ltd [2013] FCA 60
Richardson v Facebook [2015] EWHC 49
Sagacious Legal Pty Ltd v Westfarmers General Insurance Ltd (No 3) [2010] FCA 428; (2010) 184 FCR 516
Spencer v Commonwealth [2010] HCA 28; (2010) 241 CLR 118
Tajjour v New South Wales [2014] HCA 35
Tamizv Google Inc and Google UK Ltd [2012] EWHC 449
Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52; (2004) 219 CLR 165
Unions NSW v State of New South Wales [2013] HCA 58; (2013) 252 CLR 530
Date of hearing: 14 December 2015 Place: Canberra Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 83 Counsel for the Applicant: The applicant appeared in person Counsel for the Respondent: Mr M J Lewis Solicitor for the Respondent: Gadens Lawyers
IN…
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- Case
- [2015] FCA 1440
- Decision Date
CaseChat Overview and Summary
The court noted that the principles relating to the exercise of the court's discretion to grant summary judgment were well settled. The court emphasised that the expression "no reasonable prospect" should be understood in its entirety and that the power to dismiss an action summarily should not be exercised lightly. The court found that the defendant's argument that it had no responsibility for the conduct alleged in Mr Young's claims was not sufficient to establish that there was no reasonable prospect of success for those claims. The court also found that Mr Young's claims disclosed a reasonable cause of action. Therefore, the court dismissed the defendant's interlocutory application seeking summary judgment or that the proceeding be struck out. The court also dismissed the defendant's interlocutory application seeking leave to serve two other companies outside of Australia with a proposed amended statement of claim. The court ordered that the originating application filed on 8 October 2015 be dismissed and that the interlocutory application filed on 20 November 2015 be dismissed. The court further ordered that the applicant pay the respondent's costs of the interlocutory applications filed on 6 and 20 November 2015 respectively, as agreed or assessed.
Orders
Orders of the court
1. The originating application filed on 8 October 2015 be dismissed under s 31A(2) of the Federal Court of Australia Act 1976 (Cth) and rule 26.01(1)(a) of the Federal Court Rules 2011 (Cth).
2. The interlocutory application filed on 20 November 2015 be dismissed.
3. The applicant pay the respondent’s costs of the interlocutory applications filed on 6 and 20 November 2015 respectively, as agreed or assessed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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