B&P Group Pty Ltd v Google LLC [2022] FCA 538

B&P Group Pty Ltd v Google LLC [2022] FCA 538

Leave to serve outside Australia was granted because the Court was satisfied that all five requirements under rr 10.42 and 10.43 of the Federal Court Rules 2011 (Cth) were fulfilled: the application for preliminary discovery was of a kind covered by r 10.42, the proposed service by international registered post in the United States accorded with Article 10(a) of the Hague Convention, the application was supported by the required affidavit, the Court had jurisdiction over the r 7.23 preliminary discovery proceeding, and the Prospective Applicant had a prima facie case for production of documents to identify the reviewer in connection with potential claims in defamation, injurious falsehood...

Jurisdiction
Australia
Judgment Date
06 May 2022
Procedural Posture
Application for Preliminary Discovery and for Leave to Serve Originating Application Outside Australia / Determined on the Papers
Outcome
Leave to serve outside Australia granted.
Legal Topics
['leave to Serve Outside Australia Under Div 10.4 of the Federal Court Rules 2011 (cth)' 'service by International Registered Post Under Article 10(a) of the Hague Convention' 'preliminary Discovery to Identify Anonymous Google Reviewer' 'prima Facie Case for Defamation, Injurious Falsehood and Breach of the Australian Consumer Law']
['practice and Procedure' 'preliminary Discovery' 'service Outside Australia' 'defamation' 'australian Consumer Law'] ['leave to Serve Outside Australia Under Div 10.4 of the Federal Court Rules 2011 (cth)' 'service by International Registered Post Under Article 10(a) of the Hague Convention' 'preliminary Discovery to Identify Anonymous Google Reviewer' 'prima Facie Case for Defamation, Injurious Falsehood and Breach of the Australian Consumer Law']

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Procedural Posture

Application for Preliminary Discovery and for Leave to Serve Originating Application Outside Australia / Determined on the Papers

Legal Issues

  1. 1 ['Whether the Prospective Applicant should be granted leave under rr 10.42, 10.43 and 10.44 of the Federal Court Rules 2011 (Cth) to serve the originating application and supporting material on Google LLC in the United States of America.' 'Whether the proposed method of service by international registered post accords with Article 10(a) of the Hague Convention.' 'Whether the Prospective Applicant had a prima facie case for preliminary discovery to identify the individual who posted the Review.']

Ratio Decidendi

Leave to serve outside Australia was granted because the Court was satisfied that all five requirements under rr 10.42 and 10.43 of the Federal Court Rules 2011 (Cth) were fulfilled: the application for preliminary discovery was of a kind covered by r 10.42, the proposed service by international registered post in the United States accorded with Article 10(a) of the Hague Convention, the application was supported by the required affidavit, the Court had jurisdiction over the r 7.23 preliminary discovery proceeding, and the Prospective Applicant had a prima facie case for production of documents to identify the reviewer in connection with potential claims in defamation, injurious falsehood...

Court Disposition

Leave to serve outside Australia granted.

Orders

  • ['Pursuant to rr 10.42, 10.43 and 10.44 of the Federal Court Rules 2011 (Cth), the Prospective Applicant has leave to serve the Originating Application by a Prospective Applicant for an Order for Discovery dated 8 April 2022, the affidavit of Sadi Hamidy affirmed on 7 April 2022, and a copy of the orders upon the...