Federal Court of Australia
Federal Court of Australia
Kandola v Google LLC (No 2) [2021] FCA 1412 File number(s): NSD 865 of 2021
Judgment of: CHEESEMAN J
Date of judgment: 12 November 2021
Catchwords: PRACTICE AND PROCEDURE – application for preliminary discovery pursuant to r 7.22 of the Federal Court Rules 2011 (Cth) – preliminary discovery sought in aid of commencing defamation proceedings arising from allegedly defamatory comments made online – first prospective respondent served but did not appear – application granted.
Legislation: Federal Court Rules 2011 (Cth), rr 7.22(1), 10.42 and 10.43
Cases cited: Kandola v Google LLC [2021] FCA 1262 Musicki v Google LLC [2021] FCA 1393
Division: General Division
Registry: New South Wales
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 17
Date of hearing: 12 November 2021
Counsel for the Prospective Applicants: Ms R Kandola appeared for the prospective applicants
ORDERS NSD 865 of 2021
BETWEEN: MR TEJINDER SINGH KANDOLA First Prospective Applicant
MS RACHEL KANDOLA Second Prospective Applicant
AND: GOOGLE LLC First Prospective Respondent
THRYV AUSTRALIA PTY LTD Second Prospective Respondent
order made by: CHEESEMAN J DATE OF ORDER: 12 NOVEMBER 2021
THE COURT ORDERS THAT:
1. As soon as is reasonably practicable and in any event within 15 days of being served with this order by email in accordance with order 2, the first prospective respondent, Google LLC, shall provide to the prospective applicants by email to rachel@unicornair.com.au, the following information, to the extent that such information is available, in relation to the Google Search and Map reviews of Unicorn Air Conditioning & Refrigeration Pty Ltd linked with the Google Accounts: (a) 'Frank H' - https://www.google.com/maps/contrib/104300273246642518122/reviews/@-33.7201367,151.0988577,13z/data=!3m1!4b1!4m3!8m2!3m1!1e1?hl=en-AU (b) 'John S' - https://www.google.com/maps/contrib/114831197671603278714/photos/@-33.7356666,151.1286799,15z/data=!4m3!8m2!3m1!1e1?hl=en-AU the subscriber information for the Accounts, including; (i) the name of the users; (ii) account creation information; (iii) email addresses; (iv) the IP addresses of logins; (v) associated timestamps; (vi) telephone numbers; (vii) location metadata; and (viii) other identifying details of other accounts originating from the same IP address, email address, and telephone number. 2. Pursuant to rr 10.42 and 10.43 of the Federal Court Rules 2011 (Cth), the prospective applicants be granted leave to serve this order, and the Court's reasons for judgment once published (together, the Documents) upon Google in the United States of America in accordance with the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on 15 November 1965, by sending the Documents using international registered post, with an acknowledgment of receipt to be provided by Google to the prospective applicants, addressed to: (a) Google LLC C/O Custodian of Records 1600 Amphitheatre Parkway Mountain View, California 94043 United States of America and by sending the Documents by email to Google at the following addresses: (b) google-legal-support@google.com; and (c) internationalcivil@google.com 3. No order as to the costs of the present application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011
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