Lin v Google LLC [2021] FCA 1113

Lin v Google LLC [2021] FCA 1113

Mr Lin satisfied the requirements under rr 10.42 and 10.43, establishing a prima facie case for preliminary discovery against an unidentified review author (prospective respondent) and that Google is likely to have control of relevant information; service in the USA via registered post pursuant to the Hague Convention is appropriate, but substituted service by email is not supported by evidence or permitted by the Convention.

Jurisdiction
Australia
Judgment Date
13 September 2021
Procedural Posture
Application for Leave to Serve Originating Application for Preliminary Discovery Outside Australia / Interlocutory Determination on the Papers
Outcome
Leave granted for service outside Australia; application for substituted service by email refused; costs reserved.
Legal Topics
['preliminary Discovery' 'service Outside Jurisdiction' 'hague Convention' 'defamation' 'federal Court Rules']
['practice and Procedure'] ['preliminary Discovery' 'service Outside Jurisdiction' 'hague Convention' 'defamation' 'federal Court Rules']

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Procedural Posture

Application for Leave to Serve Originating Application for Preliminary Discovery Outside Australia / Interlocutory Determination on the Papers

Legal Issues

  1. 1 ['Whether the application for preliminary discovery may be served outside Australia under Div 10.4 of the Federal Court Rules 2011 (Cth)' 'Whether the proceeding is of a kind mentioned in r 10.42' 'Whether proposed service accords with the Hague Convention' 'Whether the supporting affidavit meets r 10.43(3)' 'Whether the Court has jurisdiction' 'Whether a prima facie case is established' 'Whether substituted service by email is appropriate']

Ratio Decidendi

Mr Lin satisfied the requirements under rr 10.42 and 10.43, establishing a prima facie case for preliminary discovery against an unidentified review author (prospective respondent) and that Google is likely to have control of relevant information; service in the USA via registered post pursuant to the Hague Convention is appropriate, but substituted service by email is not supported by evidence or permitted by the Convention.

Court Disposition

Leave granted for service outside Australia; application for substituted service by email refused; costs reserved.

Orders

  • ['Pursuant to rr 10.42 and 10.43 of the Federal Court Rules 2011 (Cth), leave to serve the documents on Google LLC in the USA via international registered post under the Hague Convention.' 'Costs reserved.' 'Matter listed for case management hearing on 11 October 2021.']