Kiefel
CJ
Bell
J
Keane
J
Nettle
J
Gordon
J
2.
5
The pleading particularises the allegedly defamatory matters as
comprising two groups: "the Google Images matter" and "the Google Web
matter" (reproductions of which are set out in the Amended Statement of Claim
and in Annexures A and B, respectively, to the judgments of the primary judge
and the Court of Appeal)5.
6
The Google Images matter ("the images matter") consists of 20 pages
which are individually described in the pleading. Pages one to 13 and 15 to 20
are described as Google images search results pages that display images of
Mr Trkulja mixed with images of convicted Melbourne criminals. Those pages
variously contain one of the following phrases: "melbourne criminals",
"melbourne criminal underworld figure", "melbourne criminal underworld
photos", "melbourne underworld crime", "melbourne underworld crime photos",
"melbourne underworld criminals", "melbourne underworld killings" and
"melbourne underworld photos".
7
The pleading draws attention to a particular feature of the images matter,
which is that some of the pages include an image that contains text stating, inter
alia, "Google lawsuit in court", "COLOURFUL Melbourne identity Michael
Trkulja" and "Mr Trkulja an associate of Mick Gatto".
8
Page 14 of the images matter is described in the pleading as a Google
"autocomplete" search results page. It shows a Google search for "michael trk"
together with autocomplete predictions, namely, phrases including "michael
trkulja", "michael trkulja criminal", "michael trkulja melbourne crime", "michael
trkulja underworld" and "michael trkulja melbourne underworld crime". In
addition, although it is not described as such in the pleading, the page contains an
image referring to a "[w]ebsite for this image", stating that "[i]n a nutshell,
Michael Trkulja's beef with both Yahoo and Google was that …" and other
references to a defamation lawyer and an online solicitor.
9
The Google Web matter ("the web matter") consists of seven individual
pages. Page one is not described in the pleading but it shows what appears to be
an online post by "Picklesworth" that says:
5
The order of the pages in the Google Images matter and the Google Web matter
differs between the Amended Statement of Claim and Annexures A and B of the
judgments of the courts below (the Court of Appeal labelled Annexures A and B as
Annexures 1 and 2 respectively). This judgment will refer to the order of the pages
as they appear in the judgments of the primary judge and the Court of Appeal.
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