Federal Court of Australia
Federal Court of Australia
Moran v Google LLC [2024] FCA 181 File number(s): NSD 1153 of 2023
Judgment of: HALLEY J
Date of judgment: 1 March 2024
Catchwords: PRACTICE AND PROCEDURE – application for preliminary discovery pursuant to r 7.22 of the Federal Court Rules 2011 (Cth) (Rules) – whether proceedings are of a kind stipulated by the Rules – whether requirements of r 10.42 and r 10.43 of the Rules have been met – whether the prospective applicant has a prima facie case – where Google LLC consents to the making of the orders – application granted – orders made
Legislation: Federal Court Rules 2011 (Cth) rr 7.22, 10.42, 10.43
Cases cited: Kabbabe v Google LLC [2020] FCA 126 Kandola v Google LLC [2021] FCA 1262 Lin v Google LLC [2021] FCA 1113
Division: General Division
Registry: New South Wales
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 20
Date of hearing: 1 March 2024
Counsel for the Applicant: Mr W Evatt
Solicitor for the Applicant: CMC Lawyers Pty Limited
Counsel for the Respondent: The respondent did not appear
ORDERS NSD 1153 of 2023
BETWEEN: BRENDAN JOSEPH MORAN Applicant
AND: GOOGLE LLC Respondent
order made by: HALLEY J DATE OF ORDER: 1 MARCH 2024
THE COURT NOTES THAT:
A. The application for preliminary discovery made by the prospective applicant was heard on Friday, 1 March 2024 at the Federal Court of Australia, New South Wales Registry. B. On reading the prospective applicant's evidence, and upon (a) hearing submissions from counsel for the prospective applicant, (b) being advised of efforts to bring this application for preliminary discovery to the notice of John Doe and Jane Doe, (c) being advised by counsel for the prospective applicant that Google LLC (Google) was served with the application for preliminary discovery, and (d) where Google did not appear to oppose the application for preliminary discovery and has not taken steps to attorn to the jurisdiction of the Court, the Court was prepared to make the following orders.
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