Kiefel
CJ
Bell
J
Keane
J
Nettle
J
Gordon
J
4.
(b)
The plaintiff is a hardened and serious criminal in Melbourne in the
same league as convicted murderer Carl Williams, hardened
notorious underworld killer Andrew 'Benji' Veniamin, hardened
and serious and notorious murderer Tony Mokbel and the Mafia
Boss Mario Rocco Condello[;]
(c)
The plaintiff is an associate of underworld killer Andrew 'Benji'
Veniamin[;]
[(d)] The plaintiff is an associate of Carl Williams Melbourne notorious
convicted criminal murderer and drug trafficker;
(e)
The plaintiff is an associate of Tony Mokbel, the Australian
notorious convicted murderer and drug supplier and trafficker;
(f)
The plaintiff is such a significant figure in the Melbourne criminal
underworld that events involving him are recorded on a website
that chronicles crime in [the] Melbourne criminal underworld[.]"
14
In the alternative it is contended that the images matter is defamatory in its
true innuendo for carrying substantially the same imputations, and also that the
gist of the images matter and the web matter is to associate Mr Trkulja with
organised criminal activity in Melbourne.
15
The pleading then alleges that on or about 3 December 2012 Mr Trkulja
sent a letter each to Google and Google Australia Pty Ltd ("Google Australia")
(which at one time was the second defendant to the proceedings) by registered
post drawing the allegedly defamatory matter to their attention, informing them
of the nature of the defamatory matter, demanding that Google and Google
Australia remove the images matter from their computers and servers, or to
remove all links or direction from their computers and servers linking or
directing internet users to the matter, requesting them to provide details including
contact details of the source or sources of the matter, and demanding that they
"block the name of Milorad Trkulja and Michael Trkulja from [their] computers
and servers links or directing internet users to the name of 'Milorad Trkulja' and
'Michael Trkulja'".
16
On 14 December 2012, Google Australia responded to the effect that the
"search products" to which Mr Trkulja's "inquiry" related were owned by Google
and that Google Australia was "unable to further assist" him with his inquiry.
Then, on 18 December 2012, Google sent an email to Mr Trkulja to the effect
that Google Australia had forwarded Mr Trkulja's letter to Google; that the
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