Rana v Google Inc [2017] FCA 542

FEDERAL COURT OF AUSTRALIA

Rana v Google Inc [2017] FCA 542 Appeal from: Application for leave to appeal: Rana v Google Inc (No 2) [2017] FCA 17

File number: SAD 25 of 2017

Judge: WHITE J

Date of judgment: 19 May 2017

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal against refusal of leave to commence proceedings, refusal of leave to serve proceedings outside the jurisdiction and dismissal of the underlying proceedings on the basis that the Court's jurisdiction to hear and determine them had not been established – whether the applicant could bring an appeal against the refusal of leave to bring proceedings and to amend his interlocutory application – whether the applicant required leave to appeal the dismissal of proceedings on the basis of jurisdiction – consideration of the Court's jurisdiction to deal with defamation actions against the respondent in circumstances in which a claim against a previous respondent under the Privacy Act 1988 (Cth) had been resolved – consideration of the jurisdiction conferred on the Federal Court by the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) – held reasonably arguable that the trial Judge had erred in concluding that the applicant had not shown that the Court had jurisdiction. Held: leave to appeal granted.

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Australian Consumer Law 2010 (Competition and Consumer Act 2010 (Cth), Sch 2) ss 18, 20, 21 Federal Court of Australia Act 1976 (Cth) ss 19, 20(3)(a), 20(3)(c), 24(1A) , 24(1AA)(a), s 24(1D)(b), 31A, 32(1) Judiciary Act 1903 (Cth) s 39B Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) s 9(3) Privacy Act 1988 (Cth) Defamation Act 2005 (SA) s 21