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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