The International Relations Committee brings you two recent judgments this month on the application of domestic laws on international businesses. The first judgment is a defamation action against Google. The second is an insolvency decision in the United Kingdom involving US and Australian Companies.
Google has just lost a defamation case in Australia. From a news article,
“Google was yesterday found liable for damages by a jury in Australia after a man complained that the website’s search results had harmed his reputation by wrongly linking him to Melbourne gang crime.”
Trkulja v Google Inc LLC & Anor (No 5)  VSC 533 (12 November 2012) – Judgment
Trkulja v Google Inc & Anor  VSC 560 (3 November 2011) – Discovery
Trkulja v Google Inc & Anor (No 3)  VSC 503 (5 October 2011) – Confidentiality
Trkulja v Google Inc & Anor (No 2)  VSC 490 – (28 October 2010) DEFAMATION – Pleading
Trkulja v Google Inc LLC & Anor  VSC 226 (27 May 2010) – DEFAMATION – Pleading
Earlier this year Mr Trkulja won a similar case against Yahoo, Trkulja v Yahoo! Inc LLC & Anor  VSC 88 (15 March 2012).
The UK Supreme Court in New Cap Re v Grant (the case involved US and Australian interests) has decided that a foreign judgment cannot be enforced where a party has not submitted to the foreign jurisdiction.
The judgment asserts the importance of the territorial limits of foreign jurisdiction in insolvency proceedings, and the value of the UNCITRAL Model Law. See also the very handy Press summary.
SLA Legal Division International Relations Committee