Kiefel
CJ
Bell
J
Keane
J
Nettle
J
Gordon
J
5.
"Google services" referred to in the letter were owned and operated by Google, to
which all future correspondence relating thereto should be directed; and that
Google was currently reviewing the complaint and would contact Mr Trkulja
when it had completed its review. Mr Trkulja replied on the following day via
email and on 20 December 2012 received a reply in the same terms as that sent
by Google on 18 December 2012. Google provided a detailed response to
Mr Trkulja on 16 January 2013. In substance, Google stated that it had removed
certain websites from its web search results pages and, without admission, that it
had blocked certain autocomplete predictions and search queries relating to
Mr Trkulja from appearing as part of the autocomplete and search functions of
"google.com.au".
Google declined, however, to remove the images of
Mr Trkulja which appeared in response to other image searches made using the
Google search engine.
17
The prayer for relief is for damages, including aggravated and punitive
damages on the basis of Google's knowledge of the falsity of the imputations, at
least from 3 December 2012, and its refusal to accept any responsibility for the
allegedly defamatory publications, and also for an injunction against Google in
the following terms:
"that [Google] permanently block Google Images and web searchers [sic]
of the Plaintiff's names 'Milorad Trkulja' and 'Michael Trkulja' from its
computers and servers and remove all links from its computers and servers
linking to the Google webs and images users from Australia."
Relevant statutory provisions
18
At relevant times and so far as is germane for present purposes, r 7.01 of
the Supreme Court (General Civil Procedure) Rules 2005 (Vic) provided for
service of originating process out of Australia, without order of the court, where
the proceeding is founded on a tort committed within Victoria (r 7.01(1)(i)) or
the proceeding is brought in respect of damage suffered wholly or partly in
Victoria and caused by a tortious act or omission wherever occurring
(r 7.01(1)(j)). The writ in this proceeding was served out of Australia on Google
in the United States of America pursuant to r 7.01(1)(i) and (j).
19
At relevant times, r 8.09 provided in substance that a defendant could
apply before entering an appearance, whether conditional or unconditional, to set
aside a writ or its service.
20
Section 63 of the Civil Procedure Act 2010 (Vic) provides in substance
that a court may give summary judgment in favour of a defendant on the
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