Neville v Google LLC [2023] FCA 625

FEDERAL COURT OF AUSTRALIA

Neville v Google LLC [2023] FCA 625 File number(s): NSD 366 of 2023

Judgment of: JACKMAN J

Date of judgment: 8 June 2023

Catchwords: PRACTICE AND PROCEDURE – application for preliminary discovery pursuant to r 7.22 of the Federal Court Rules 2011 (Cth) – communications made to commercial partners and contractual counterparties – potential causes of action in defamation and injurious falsehood – application substantially granted

Legislation: Federal Court Rules 2011 (Cth) r 7.22

Cases cited: International Wushu Federation v Google LLC [2021] FCA 904

Division: General Division

Registry: New South Wales

National Practice Area: Other Federal Jurisdiction

Number of paragraphs: 11

Date of hearing: 8 June 2023

Counsel for the Applicant: Mr C P O'Neill

Solicitor for the Applicant: Kay & Hughes

Counsel for the First Respondent: Mr N D Riordan

Solicitor for the First Respondent: Corrs Chambers Westgarth

Counsel for the Second Respondent: The Second Respondent did not appear.

ORDERS NSD 366 of 2023

BETWEEN: LUCY MADELINE NEVILE Applicant

AND: GOOGLE LLC First Respondent

MICROSOFT CORPORATION Second Respondent

order made by: JACKMAN J DATE OF ORDER: 8 JUNE 2023

THE COURT ORDERS THAT:

1. The First Respondent give discovery within 21 days to the Prospective Applicant by email to b.kay@kayandhughes.com of any document or thing that is or has been in its possession, power or control containing the following: (a) The subscriber information for each of the Gmail Accounts; (b) The name of the users of each of the Gmail Accounts; (c) The IP address or addresses and associated information relating to each of the Gmail Accounts; (d) Any phone numbers associated with each of the Gmail Accounts; Where "Gmail Accounts" means the following email accounts: a. ec8454371@gmail.com b. jedda80008@gmail.com c. massimocassata1@gmail.com d. nicolesmith4003@gmail.com e. robertluu99@gmail.com f. vernon6066@gmail.com g. jeffoffice986@gmail.com Where "Relevant Gmail Dates" means the following dates: a. 20 February 2023; b. 10 March 2023; c. 15 March 2023; d. 17 March 2023; e. 21 March 2023; f. 30 March 2023; g. 1 April 2023; h. 3 April 2023; i. 25 April 2023; j. 28 April 2023; k. 25 May 2023. 2. The Second Respondent give discovery within 21 days to the Prospective Applicant by email to b.kay@kayandhughes.com of any document or thing that is or has been in its possession, power or control containing the following: (a) The subscriber information for each of the Outlook Accounts; (b) The name of the users of each of the Outlook Accounts; (c) The IP address or addresses and associated information relating to each of the Outlook Accounts; (d) Any phone numbers associated with each of the Outlook Accounts; (e) Any location metadata associated with each of the Outlook Accounts; and (f) Any other Microsoft accounts including their full name and email address and identifying details which may have originated from the same IP address during a similar time period to when any of the Outlook Accounts were accessed to transmit emails regarding the Prospective Applicant, being the Relevant Outlook Dates. Where "Outlook Accounts" means the following email accounts: a. ca40662@outlook.com b. emily50001@outlook.com c. matthewdavis39@outlook.com d. sarahj7099@outlook.com e. talia404@outlook.com f. tc38941@outlook.com Where "Relevant Outlook Dates" means the following dates: a. 17 February 2023; b. 1 March 2023; c. 8 March 2023; d. 9 March 2023; e. 10 March 2023; f. 12 March 2023; g. 16 March 2023; h. 18 March 2023; i. 25 March 2023; j. 27 March 2023; k. 8 April 2023; and l. 14 April 2023. 3. Pursuant to rules 10.42 and 10.43 of the Federal Court Rules 2011 (Cth) (Rules) the Prospective Applicant shall serve this order, and the Court's reasons once published, on the Respondents, Google LLC, in the United States of America and Microsoft Corporation, 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 LLC and Microsoft Corporation to the applicant) addressed to: (a) First Respondent Google LLC C/O Custodian of Records 1600 Amphitheatre Parkway Mountain View, California 94043 United States of America (b) Second Respondent Microsoft Corporation C/O Custodian of Records Microsoft Way Redmond, Washington State 98052-6399 United States of America 4. In addition to the measures referred to in order 3, the applicant provide a copy of the documents to: (a) First Respondent by email internationalcivil@google.com (b) Second Respondent by email cdocccm@microsoft.com 5. The proceedings be adjourned to 7 July 2023 at 9.30 am. 6. Costs reserved. 7. The First and Second Respondents are dispensed from the need to comply with r 7.25 of the Rules in relation to a list of documents. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.