Ghosh v Google Australia Pty Ltd [2013] NSWDC 146

Ghosh v Google Australia Pty Ltd [2013] NSWDC 146

There is no reasonable prospect of the plaintiff proving that Google Australia Pty Ltd has the ability to control or direct the conduct of Google Inc concerning the publication or removal of online material. Consequently, the claim against Google Australia Pty Ltd as publisher must be dismissed.

Jurisdiction
Australia
Judgment Date
20 August 2013
Procedural Posture
Civil / Interlocutory Application for Summary Dismissal
Outcome
Plaintiff's claim against Google Australia Pty Ltd is struck out and dismissed; plaintiff to pay costs; leave to amend statement of claim provided with specific conditions.
Legal Topics
['defamation' 'internet Publications' 'summary Dismissal' 'liability of Subsidiary']
['tort'] ['defamation' 'internet Publications' 'summary Dismissal' 'liability of Subsidiary']

Case Brief

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Procedural Posture

Civil / Interlocutory Application for Summary Dismissal

Legal Issues

  1. 1 ['Whether Google Australia Pty Ltd can be considered a publisher of material on websites published by a foreign holding company and liable for defamation.' 'Whether there is any reasonable prospect of the plaintiff proving Google Australia Pty Ltd has the ability to control or direct Google Inc.']

Ratio Decidendi

There is no reasonable prospect of the plaintiff proving that Google Australia Pty Ltd has the ability to control or direct the conduct of Google Inc concerning the publication or removal of online material. Consequently, the claim against Google Australia Pty Ltd as publisher must be dismissed.

Court Disposition

Plaintiff's claim against Google Australia Pty Ltd is struck out and dismissed; plaintiff to pay costs; leave to amend statement of claim provided with specific conditions.

Orders

  • ["Plaintiff's claim against the first defendant, Google Australia Pty Ltd, is struck out and dismissed pursuant to UCPR r 13.4." "The plaintiff pay Google Australia Pty Ltd's costs of the proceedings." 'The plaintiff have leave to file and serve an amended statement of claim, such amendments to include deleting any...