Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rodgers Reidy (Qld) Pty Limited v Google Australia Pty Limited [2017] FCA 65 File number: NSD 126 of 2017
Judge: BROMWICH J
Date of judgment: 1 February 2017
Date of hearing: 1 February 2017
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Category: No Catchwords
Number of paragraphs: 17
Counsel for the Applicants: Ms R Mansted
Solicitor for the Applicants: Polczynski Lawyers
Counsel for the First Respondent: The First Respondent did not appear
Counsel for the Second Respondent: The Second Respondent did not appear
ORDERS NSD 126 of 2017
BETWEEN: RODGERS REIDY (QLD) PTY LIMITED ACN 117 655 973 First Applicant
RODGERS REIDY (NSW) PTY LIMITED ACN 089 898 813 Second Applicant
RODGERS REIDY (VIC) PTY LIMITED ACN 112 011 321 Third Applicant RODGERS REIDY (INTERNATIONAL) PTY LIMITED ACN 124 647 696 Fourth Applicant
AND: GOOGLE AUSTRALIA PTY LIMITED ACN 102 417 032 First Respondent
GORDON CRAVEN Second Respondent
JUDGE: BROMWICH J DATE OF ORDER: 1 FEBRUARY 2017
THE COURT ORDERS THAT:
1. Until further order of the Court, the second respondent, Gordon Craven, cause, before 10.00 am on Thursday, 2 February 2017, the advertisement titled "Rodgers Reidy – David Hambleton gets sued – pleading.com.au" or similar, to be removed or de-linked from Google Adwords, such that a link to the advertisement, or the advertisement itself, or anything identifying the advertisement, does not appear when an Internet search of any kind is conducted for the words "Rodgers Reidy" or any other words. 2. Until further order of the Court, the first respondent, Google Australia Pty Limited, cause, before 10.00 am on Thursday, 2 February 2017, the advertisement titled "Rodgers Reidy – David Hambleton gets sued – pleading.com.au" or similar, to be removed or de-linked from Google Adwords, such that a link to the advertisement, or the advertisement itself, or anything identifying the advertisement, does not appear when an Internet search of any kind is conducted for the words "Rodgers Reidy" or any other words. 3. Pursuant to r 1.39 of the Federal Court Rules 2011 (Cth), the time for service of the originating application, urgent application before start of a proceeding and the affidavit of Stephen Michael Polczynski sworn 1 February 2017 (all filed today), and a copy of these orders be shortened to 9.30 pm on Wednesday, 1 February 2017. 4. Pursuant to r 10.24 of the Federal Court Rules 2011 (Cth), service be effected on the second respondent, Gordon Craven, by email to the addresses: qahjim@gmail.com and Gordon@getmail.com.au. 5. Pursuant to r 10.24 of the Federal Court Rules 2011 (Cth), service be effected on the first respondent, Google Australia Pty Limited, by: (a) in the first instance, by email to the addresses: patrick.fair@bakermckenzie.com and adrian.lawrence@bakermckenzie.com; and (b) by physical service to the offices of Baker McKenzie as the address of the registered office of the first respondent, Google Australia Pty Limited, at the earliest available time on Thursday, 2 February 2017. 6. The matter be listed before Justice Bromwich as Duty Judge at 2.15 pm on Thursday, 2 February 2017 for any further hearing of the application for interlocutory relief and initial case management of the proceedings. 7. Costs reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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