Moran v Google LLC [2024] FCA 181

Moran v Google LLC [2024] FCA 181

The applicant met the requirements for preliminary discovery under r 7.22, including establishing a prima facie case for defamation, was unable to ascertain the respondents’ identities, and Google was likely to have information to assist. The procedural requirements for service outside jurisdiction were also met. As Google did not oppose the application and consented to the orders, the application was granted.

Parties
Applicant: Brendan Joseph Moran; Respondent: Google LLC
Jurisdiction
Australia
Judgment Date
01 March 2024
Procedural Posture
Preliminary Discovery Application / Judgment on Application for Preliminary Discovery
Outcome
Application for preliminary discovery granted.
Legal Topics
Preliminary Discovery, Defamation, Service Outside Jurisdiction
Practice and Procedure Preliminary Discovery Defamation Service Outside Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Brendan Joseph Moran

Applicant

Google LLC

Respondent

Procedural Posture

Preliminary Discovery Application / Judgment on Application for Preliminary Discovery

Legal Issues

  1. 1 Whether the requirements of rule 7.22 of the Federal Court Rules 2011 have been met
  2. 2 Whether requirements for service outside Australia under rr 10.42 and 10.43 are satisfied
  3. 3 Whether the applicant has a prima facie case for relief (defamation) against unidentified persons

Ratio Decidendi

The applicant met the requirements for preliminary discovery under r 7.22, including establishing a prima facie case for defamation, was unable to ascertain the respondents’ identities, and Google was likely to have information to assist. The procedural requirements for service outside jurisdiction were also met. As Google did not oppose the application and consented to the orders, the application was granted.

Court Disposition

Application for preliminary discovery granted.

Orders

  • Google to provide by email to the applicant's solicitor, within 20 days, the subscriber's registration information and IP addresses (to the extent available) for the two Google accounts associated with the relevant Google Maps reviews.
  • Google may inform John Doe and Jane Doe (account holders) of the request in accordance with its usual policies.