Musicki v Google LLC [2021] FCA 1393

The applicant has demonstrated a possible right to relief for defamation, has made reasonable efforts to identify the author of the defamatory review, and Google is likely to hold identifying information about the reviewer; thus, preliminary discovery is warranted.

Jurisdiction: Australia
Judgment Date: 05 November 2021
Procedural Posture: Application for Preliminary Discovery / Judgment on Application
Outcome: Application for preliminary discovery granted.
Legal Topics: ['preliminary Discovery' 'defamation' 'discovery Against Non Party Internet Platforms']

['practice and Procedure'] ['preliminary Discovery' 'defamation' 'discovery Against Non Party Internet Platforms']

Case Brief

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Procedural Posture

Application for Preliminary Discovery / Judgment on Application

Legal Issues

1 ['Whether applicant has satisfied the requirements of r 7.22 of the Federal Court Rules 2011 (Cth) for preliminary discovery' 'Whether applicant has made reasonable enquiries to identify the prospective respondent' 'Whether Google LLC is likely to have information necessary to identify the author of allegedly defamatory reviews']

Ratio Decidendi

Court Disposition

Application for preliminary discovery granted.

Orders

["Google LLC to give discovery to the Prospective Applicant of all documents in its possession, power or control relating to the description of 'Dave Cross' (user ID: https://www.google.com/maps/contrib/102570466144590922307)." 'Applicant to serve the order and reasons for judgment on Google LLC in the USA by...