Kiefel CJ Bell J Keane J Nettle J Gordon J 26. be thought that there is little about the "snippets" that a jury would necessarily regard as significantly ameliorative. This observation applies equally to the material appearing on page 14 of Annexure A which the Court of Appeal held was a reference to Mr Trkulja's earlier defamation proceedings that undermined the capacity of the publication to convey the pleaded imputations. Conclusion and orders 67 The Court of Appeal erred in concluding that the matters upon which Mr Trkulja relied were incapable of conveying any of the defamatory imputations which were pleaded and therefore erred in concluding that Mr Trkulja's proceeding had no real prospect of success. It follows that the appeal should be allowed. Pursuant to r 42.07.1 of the High Court Rules 2004 (Cth) Google LLC is made the respondent to this appeal in substitution for Google Inc and the appeal is determined as so constituted. Orders two to six of the Court of Appeal should be set aside and in their place it should be ordered that the appeal to the Court of Appeal be dismissed with costs. Google should pay the costs of the appeal to this Court.

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