Rana v Google Australia Pty Ltd [2013] FCA 60

FEDERAL COURT OF AUSTRALIA

Rana v Google Australia Pty Ltd [2013] FCA 60 Citation: Rana v Google Australia Pty Ltd [2013] FCA 60

Parties: RANJIT SHAMSHER JUNG BAHADUR RANA v GOOGLE AUSTRALIA PTY LTD, DARDA GREGUREV, NINA GREGUREV and GOOGLE INC

File number: SAD 98 of 2012

Judge: MANSFIELD J

Date of judgment: 7 February 2013

Catchwords: PRACTICE AND PROCEDURE – summary judgment – Federal Court of Australia Act 1976 (Cth), s 31A – meaning of "no reasonable prospect" DEFAMATION – identity of publisher – whether local subsidiary company can be considered publisher of material published by foreign holding company – principles applicable to ascertaining liability as publisher discussed PRACTICE AND PROCEDURE – application for leave to serve originating application outside Australia – Federal Court Rules 2011 (Cth), rr 10.42, 10.43 – whether regard may be had to discursive nature of originating application – Federal Court Rules 2011 (Cth), rr 1.31, 1.33 DEFAMATION – publication – publication on internet – whether respondent can be held liable as the publisher of material displayed on websites it hosted but of which it had no notice – defence of innocent dissemination – defence of triviality – whether informal, spontaneous nature of the form of publication enlivens defence of triviality

Legislation: Federal Court of Australia Act 1976 (Cth) s 31A(2) Federal Court Rules 2011 (Cth) rr 1.31, 1.33, 8.03, 8.05, 10.42, 10.43, 16.02, 26.01 Disability Discrimination Act 1992 (Cth) Racial Discrimination Act 1975 (Cth) Evidence Act 1995 (Cth) s 75 Defamation Act 2005 (SA) ss 30, 31