Prasad v Google LLC [2020] FCA 67

Prasad v Google LLC [2020] FCA 67

The Court has jurisdiction to make an order transferring the interlocutory application for preliminary discovery to the Supreme Court of Victoria pursuant to s 5(4) of the Cross-vesting Act, as the applicants have made out a bona fide case and the interests of justice are best served by the transfer, particularly since there is no opposition and jurisdictional uncertainty would otherwise cause delay and expense.

Parties
First Applicant: Yatish Prasad; Second Applicant: Bopman Foods Pty Ltd (ACN 120 532 452); Third Applicant: Nagavenkata Kiran Boppana; First Respondent: Google LLC; Second Respondent: Google Australia Pty Ltd (ACN 102 417 032)
Jurisdiction
Australia
Judgment Date
07 February 2020
Procedural Posture
Interlocutory Application for Preliminary Discovery / Order for Transfer to the Supreme Court of Victoria Granted
Outcome
Proceeding transferred to the Supreme Court of Victoria, costs reserved.
Legal Topics
Preliminary Discovery, Jurisdiction of Courts (cross Vesting) Act, Transfer of Proceedings, Jurisdictional Issues
Practice and Procedure Preliminary Discovery Jurisdiction of Courts (cross Vesting) Act Transfer of Proceedings Jurisdictional Issues

Case Brief

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Parties

Yatish Prasad

First Applicant

Bopman Foods Pty Ltd (ACN 120 532 452)

Second Applicant

Nagavenkata Kiran Boppana

Third Applicant

Google LLC

First Respondent

Google Australia Pty Ltd (ACN 102 417 032)

Second Respondent

Procedural Posture

Interlocutory Application for Preliminary Discovery / Order for Transfer to the Supreme Court of Victoria Granted

Legal Issues

  1. 1 Whether application for preliminary discovery constitutes a 'proceeding' under s 5(4) of the Cross-vesting Act
  2. 2 Whether the Federal Court has power to transfer the interlocutory application to the Supreme Court of Victoria under s 5(4)
  3. 3 Whether there is sufficient jurisdiction for the transfer given possible doubts about substantive jurisdiction

Ratio Decidendi

The Court has jurisdiction to make an order transferring the interlocutory application for preliminary discovery to the Supreme Court of Victoria pursuant to s 5(4) of the Cross-vesting Act, as the applicants have made out a bona fide case and the interests of justice are best served by the transfer, particularly since there is no opposition and jurisdictional uncertainty would otherwise cause delay and expense.

Court Disposition

Proceeding transferred to the Supreme Court of Victoria, costs reserved.

Orders

  • This proceeding is transferred to the Supreme Court of Victoria pursuant to s 5(4) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth).
  • The costs of the proceeding in this Court be reserved.