Rodgers Reidy (Qld) Pty Limited v Google Australia Pty Limited [2017] FCA 65

Rodgers Reidy (Qld) Pty Limited v Google Australia Pty Limited [2017] FCA 65

The Court granted the interim injunction because the balance of convenience favoured limited relief requiring removal or de-linking of the Google Adwords advertisement: the relief was narrow and temporary, damages were not a real remedy against Mr Craven as an undischarged bankrupt, the detriment to Mr Craven and Google was limited, the applicants had moved promptly, and leaving the advertisement in place risked significant reputational harm, disruption to the voluntary administration, prejudice to creditors, and undue fear or concern among the public, consumers, creditors and employees.

Jurisdiction
Australia
Judgment Date
01 February 2017
Procedural Posture
Urgent Application for Interlocutory Injunction and Related Service Orders in Federal Court Proceedings / Interim Interlocutory Relief Before Further Hearing and Initial Case Management
Outcome
Interim relief granted; costs reserved; matter listed for further hearing and initial case management.
Legal Topics
['google Adwords Advertisement' 'removal or De Linking of Online Advertisement' 'interlocutory Injunction' 'balance of Convenience' 'voluntary Administration' 'bankruptcy' 'substituted Service by Email' 'shortened Service']
['commercial and Corporations' 'commercial Contracts, Banking, Finance and Insurance' 'injunctions' 'insolvency'] ['google Adwords Advertisement' 'removal or De Linking of Online Advertisement' 'interlocutory Injunction' 'balance of Convenience' 'voluntary Administration' 'bankruptcy' 'substituted Service by Email' 'shortened Service']

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Procedural Posture

Urgent Application for Interlocutory Injunction and Related Service Orders in Federal Court Proceedings / Interim Interlocutory Relief Before Further Hearing and Initial Case Management

Legal Issues

  1. 1 ['Whether interim interlocutory relief should be granted requiring Gordon Craven and Google Australia Pty Limited to cause an advertisement titled "Rodgers Reidy – David Hambleton gets sued – pleading.com.au" or similar to be removed or de-linked from Google Adwords.' 'Whether the balance of convenience favoured limited interim relief directed to the Google advertisement link rather than the website itself.' 'Whether service times should be shortened and service effected by email or other specified means under the Federal Court Rules 2011 (Cth).']

Ratio Decidendi

The Court granted the interim injunction because the balance of convenience favoured limited relief requiring removal or de-linking of the Google Adwords advertisement: the relief was narrow and temporary, damages were not a real remedy against Mr Craven as an undischarged bankrupt, the detriment to Mr Craven and Google was limited, the applicants had moved promptly, and leaving the advertisement in place risked significant reputational harm, disruption to the voluntary administration, prejudice to creditors, and undue fear or concern among the public, consumers, creditors and employees.

Court Disposition

Interim relief granted; costs reserved; matter listed for further hearing and initial case management.

Orders

  • ['Until further order of the Court, the second respondent, Gordon Craven, cause, before 10.00 am on Thursday, 2 February 2017, the advertisement titled "Rodgers Reidy – David Hambleton gets sued – pleading.com.au" or similar, to be removed or de-linked from Google Adwords, such that a link to the advertisement, or...