Trkulja v. Google Inc

Case No.

M88/2017

Case Information

Lower Court Judgment

20/12/2016 Supreme Court of Victoria (Court of Appeal) (Ashley, Ferguson and McLeish JJA)

[2016] VSCA 333

Catchwords

Torts – Defamation – Publication – Respondent internet search engine – Search results – Images – Text – Autocomplete predictions – Whether respondent “published” matter relied on by applicant.

Practice and procedure – Service outside jurisdiction – Supreme Court (General Civil Procedure) Rules 2015 (Vic) r 7.01(1)(i) and (j) – Where respondent served in United States – Where Court of Appeal held service should be set aside because no real prospect of success in providing that respondent was publisher – Whether Court of Appeal erred in confining case to primary publisher rather than secondary.

Short particulars

Documents

16/06/2017 Hearing (SLA, Melbourne)

30/06/2017 Notice of appeal

21/07/2017 Written submissions (Appellant)

21/07/2017 Chronology (Appellant)

11/08/2017 Written submissions (Respondent)

25/08/2017 Reply

20/03/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

20/03/2018 Outline of oral argument (Appellant)

20/03/2018 Outline of oral argument (Respondent)

13/06/2018 Hearing (Full Court, Canberra)

13/06/2018 Judgment (Judgment summary)

Pike & Anor v. Tighe & Ors

Case No.

B33/2017

Case Information

Lower Court Judgment

23/12/2016 Supreme Court of Queensland (Court of Appeal) (Fraser J, Morrison J, Philippides J)

[2016] QCA 353

Catchwords

Real property – Statutory interpretation – Sustainable Planning Act 2009 (Qld) – Where second respondent granted approval for reconfiguration of original lot into Lots 1 and 2 – Where approval subject to condition that easement for “pedestrian and vehicle access, on-site manoeuvring and connection of services and utilities” be registered for benefit of Lot 2 – Where registered easement does not permit “on-site manoeuvring and connection of services and utilities” – Where first respondents registered owners of Lot 1 and appellants registered owners of landlocked Lot 2 – Whether Court of Appeal erred in concluding that power to make enforcement order under s 604(1) arose only upon Planning and Environment Court being satisfied that first respondents committed development offence against s 580(1) – Whether Court of Appeal erred in failing to conclude that condition of development approval imposed continuing obligation despite reconfiguration approval by registration of survey plan.

Short particulars

Documents

16/06/2017 Hearing (SLA, Sydney)

30/06/2017 Notice of appeal

07/07/2017 Submitting appearance (Second Responent)

24/07/2017 Written submissions (Appellants)

24/07/2017 Chronology (Appellants)

17/08/2017 Written submissions (First Respondent)

17/08/2017 Chronology (First Respondent)

31/08/2017 Reply

08/12/2017 Hearing (Full Court, Canberra) (Audio-visual recording)

14/03/2018 Judgment (Judgment summary)

Clone Pty Ltd v. Players Pty Ltd (In Liquidation) (Receivers & Managers Appointed) & Ors

Case No.

A22/2017 and A23/2017

Case Information

Lower Court Judgment

8/12/2016 Supreme Court of South Australia (Blue J, Stanley J, Debelle AuJ)

[2016] SASCFC 134

Catchwords

Procedure – Jurisdiction to set aside judgment – Whether power of Supreme Court to set aside perfected orders in its equitable jurisdiction extends to malpractice not amounting to fraud – Where document lodged by first respondent was contained in files of fifth respondent – Where primary judge found that appellant’s legal advisers engaged in “serious malpractice” by recklessly failing to discover document – Where primary judge found that first respondent failed to exercise reasonable diligence in searching for document – Where primary judge ordered new trial on basis that there was “real possibility” that issue would have been decided differently – Whether Court of Appeal erred in formulation and application of principles that inform jurisdiction to set aside perfected judgment on ground of malpractice for failure to disclosure document.

Short particulars

Documents

16/06/2017 Hearing (SLA, Melbourne v/link Adelaide)

29/06/2017 Notice of appeal

06/07/2017 Submitting appearance (Fifth Respondent)

21/07/2017 Written submissions (Appellant)

21/07/2017 Chronology (Appellant)

21/07/2017 Written submissions (Sixth Respondent)

11/08/2017 Written submissions (First to Fourth Respondents)

23/08/2017 Reply

13/12/2017 Hearing (Full Court, Canberra) (Audio-visual recording)

21/03/2018 Judgment (Judgment summary)

BRF038 v. Republic of Nauru

Case No.

M28/2017

Case Information

Lower Court Judgment

22/02/2017 Supreme Court of Nauru (Crulci J)

[2017] NRSC 14

Catchwords

Refugees – Refugee Status Review Tribunal (Nauru) – Whether discrimination amounted to persecution - Degrading treatment sufficient for enliven complementary protection – Rules of natural justice and procedural fairness complied with – Appeal dismissed by Supreme Court of Nauru

Short particulars

Documents

08/03/2017 Notice of appeal

12/04/2017 Written submissions (Appellant)

12/04/2017 Chronology (Appellant)

10/05/2017 Written submissions (Respondent)

24/05/2017 Reply (Appellant)

08/09/2017 Hearing (Full Court, Melbourne)

18/10/2017 Judgment (Judgment summary)

HFM045 v. Republic of Nauru

Case No.

M27/2017

Case Information

Lower Court Judgment

22/02/2017 Supreme Court of Nauru (Crulci J)

[2017] NRSC 12

Catchwords

APPEAL - Refugees – Refugee Status Review Tribunal – Whether all the integers of the claim considered – error in law – Tribunal followed principles of natural justice and procedural fairness section 22 of Refugees Convention Act 2012 – Appeal Dismissed

Short particulars

Documents

08/03/2017 Notice of appeal

12/04/2017 Written submissions (Appellant)

12/04/2017 Chronology (Appellant)

10/05/2017 Written submissions (Respondent)

24/05/2017 Reply (Appellant)

14/09/2017 Hearing (Full Court, Melbourne)

15/11/2017 Judgment (Judgment summary)

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