Kandola v Google LLC [2021] FCA 1262

Kandola v Google LLC [2021] FCA 1262

The proceeding was sufficiently connected to a potential defamation claim to fall within the kinds of proceedings contemplated by r 10.42, the proposed service on Google LLC in the United States by international registered post was permissible under the Hague Convention, the supporting affidavits were adequate, the Court had jurisdiction, and the prospective applicants established a prima facie case for preliminary discovery because they may have defamation claims, had made reasonable unsuccessful attempts to identify the reviewers, and Google was likely to have documents or data assisting identification. Substituted service by email was refused because there was no evidence supporting it...

Jurisdiction
Australia
Judgment Date
14 October 2021
Procedural Posture
Application for Leave to Serve Originating Application Out of Jurisdiction and Application for Preliminary Discovery / Case Management and Interlocutory Application
Outcome
Leave granted to serve Google LLC outside the jurisdiction; substituted service by email refused; directions made for costs and preliminary discovery issues concerning Sensis Pty Ltd.
Legal Topics
['service Outside Australia' 'substituted Service' 'preliminary Discovery' 'anonymous Online Reviews' 'hague Convention Service']
['practice and Procedure' 'defamation'] ['service Outside Australia' 'substituted Service' 'preliminary Discovery' 'anonymous Online Reviews' 'hague Convention Service']

Case Brief

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Procedural Posture

Application for Leave to Serve Originating Application Out of Jurisdiction and Application for Preliminary Discovery / Case Management and Interlocutory Application

Legal Issues

  1. 1 ['Whether leave should be granted under rr 10.42 and 10.43 of the Federal Court Rules 2011 (Cth) to serve Google LLC in the United States of America.' 'Whether the prospective applicants had a prima facie case for preliminary discovery under r 7.22 of the Federal Court Rules 2011 (Cth).' 'Whether substituted service by email should be ordered.' 'What directions should be made concerning preliminary discovery and costs in relation to Sensis Pty Ltd.']

Ratio Decidendi

The proceeding was sufficiently connected to a potential defamation claim to fall within the kinds of proceedings contemplated by r 10.42, the proposed service on Google LLC in the United States by international registered post was permissible under the Hague Convention, the supporting affidavits were adequate, the Court had jurisdiction, and the prospective applicants established a prima facie case for preliminary discovery because they may have defamation claims, had made reasonable unsuccessful attempts to identify the reviewers, and Google was likely to have documents or data assisting identification. Substituted service by email was refused because there was no evidence supporting it...

Court Disposition

Leave granted to serve Google LLC outside the jurisdiction; substituted service by email refused; directions made for costs and preliminary discovery issues concerning Sensis Pty Ltd.

Orders

  • ['Pursuant to rr 10.42 and 10.43 of the Federal Court Rules 2011 (Cth), the prospective applicants are granted leave to serve the originating application, affidavits of Rachel Kandola and Tejinder Singh Kandola affirmed 21 August 2021, and the orders on Google LLC in the United States of America in accordance with...