Trkulja v. Google Inc

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