Trkulja v Google LLCCitation:[2018] HCA 25Before:Kiefel CJ, Bell, Keane, Nettle, Gordon JJDate:13 Jun 2018Case Number:M88/2017Read more

Trkulja v Google LLCCitation:[2018] HCA 25Before:Kiefel CJ, Bell, Keane, Nettle, Gordon JJDate:13 Jun 2018Case Number:M88/2017Read more

The court held that the proceeding had no real prospect of success as the respondent did not publish the allegedly defamatory matter and the matter was not capable of conveying defamatory imputations.

Parties
Applicant: Unknown Applicant; Respondent: Unknown Respondent
Jurisdiction
Australia
Judgment Date
13 June 2018
Procedural Posture
Defamation / Application for Summary Dismissal
Outcome
Summary dismissal granted
Legal Topics
Publication, Capacity to Defame, Summary Dismissal, Internet Search Engines, Autocomplete Predictions
Defamation Civil Procedure Publication Capacity to Defame Summary Dismissal Internet Search Engines Autocomplete Predictions

Case Brief

Summary, issues, holding and outcome

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Parties

Unknown Applicant

Applicant

Unknown Respondent

Respondent

Procedural Posture

Defamation / Application for Summary Dismissal

Legal Issues

  1. 1 Whether the respondent published the allegedly defamatory matter
  2. 2 Whether the matter was capable of conveying defamatory imputations
  3. 3 Whether the proceeding had no real prospect of success

Ratio Decidendi

The court held that the proceeding had no real prospect of success as the respondent did not publish the allegedly defamatory matter and the matter was not capable of conveying defamatory imputations.

Court Disposition

Summary dismissal granted

Orders

  • The proceeding is summarily dismissed.