Kabbabe v Google LLC [2020] FCA 126

Kabbabe v Google LLC [2020] FCA 126

Leave to serve Google LLC in the United States was granted because the affidavit material satisfied r 10.43, the Court had jurisdiction to hear an application for preliminary discovery under r 7.22, the proceeding fell within r 10.42 as one based on a cause of action arising in Australia, a tort committed in Australia and/or damage suffered in Australia, service by international registered post was permitted under Article 10(a) of the Hague Service Convention, and Dr Kabbabe had shown a prima facie case for preliminary discovery because he may have a defamation claim and Google was likely to have documents or things identifying the unknown reviewer.

Jurisdiction
Australia
Judgment Date
12 February 2020
Procedural Posture
Application for Leave to Serve an Originating Application Seeking Preliminary Discovery Outside Australia / Leave Application
Outcome
Leave granted to serve the originating application and supporting material on Google LLC in the United States of America by international registered post in accordance with Article 10(a) of the Hague Service Convention.
Legal Topics
['service Outside Australia' 'hague Service Convention' 'preliminary Discovery' 'identification of Prospective Respondent' 'online Review Allegedly Defamatory']
['practice and Procedure' 'private International Law' 'defamation'] ['service Outside Australia' 'hague Service Convention' 'preliminary Discovery' 'identification of Prospective Respondent' 'online Review Allegedly Defamatory']

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Procedural Posture

Application for Leave to Serve an Originating Application Seeking Preliminary Discovery Outside Australia / Leave Application

Legal Issues

  1. 1 ['Whether the prospective applicant should be granted leave 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 service by international registered post is permitted under Article 10(a) of the Hague Service Convention.' 'Whether the proceeding is of a kind mentioned in r 10.42 of the Federal Court Rules 2011 (Cth).' 'Whether the prospective applicant has a prima facie case for preliminary discovery under r 7.22 of the Federal Court Rules 2011 (Cth).']

Ratio Decidendi

Leave to serve Google LLC in the United States was granted because the affidavit material satisfied r 10.43, the Court had jurisdiction to hear an application for preliminary discovery under r 7.22, the proceeding fell within r 10.42 as one based on a cause of action arising in Australia, a tort committed in Australia and/or damage suffered in Australia, service by international registered post was permitted under Article 10(a) of the Hague Service Convention, and Dr Kabbabe had shown a prima facie case for preliminary discovery because he may have a defamation claim and Google was likely to have documents or things identifying the unknown reviewer.

Court Disposition

Leave granted to serve the originating application and supporting material on Google LLC in the United States of America by international registered post in accordance with Article 10(a) of the Hague Service Convention.

Orders

  • ["Pursuant to rr 10.42 and 10.43 of the Federal Court Rules 2011 (Cth) the Prospective Applicant has leave to serve the originating application filed 6 December 2019, the affidavit of Mark Stanarevic affirmed 6 December 2019, the affidavit of Dr Matthew Kabbabe affirmed 10 February 2020, and a copy of this order...