Dow Jones & Company Inc v Gutnick [2002] HCA 56

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ

DOW JONES & COMPANY INC APPELLANT

AND

JOSEPH GUTNICK RESPONDENT

Dow Jones & Company Inc v Gutnick

[2002] HCA 56

10 December 2002

M3/2002

ORDER

Appeal dismissed with costs.

On appeal from the Supreme Court of Victoria

Representation:

G R Robertson QC with T F Robertson SC for the appellant (instructed by Gilbert & Tobin)

J L Sher QC with M F Wheelahan for the respondent (instructed by Schetzer, Brott & Appel)

Intervener:

B W Walker SC with S E Pritchard intervening on behalf of Amazon.com Inc & Ors (instructed by Blake Dawson Waldron)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Dow Jones & Company Inc v Gutnick

Torts – Defamation – Publication – Internet – Computer server – Material complained of housed on computer server in United States of America – Uploaded to World Wide Web – Viewable at subscription news site on World Wide Web – Downloaded to computer in Victoria – Whether material complained of was published in Victoria.

Torts – Defamation – Publication – Single publication rule.

Private international law – Choice of law – Law of the place of the tort (lex loci delicti) – Defamation – Damage to reputation – Where material complained of was published – Material complained of made comprehensible when downloaded in Victoria – Place of plaintiff's reputation – Victorian law governs substantive rights.

Private international law – Service out of jurisdiction – Rules of Court – Service permitted without leave of Court – Conditions of service – Action brought in respect of tort committed in Victoria – Action brought in respect of damage suffered in Victoria – Action limited to damage to reputation in Victoria – Service validly effected – Victoria a convenient forum.