Background:
- Kett Action: Filed August 15, 2018, claims Google collected location data without consent despite users disabling settings, violating privacy laws and making misrepresentations.
- Sibble Action: Filed August 17, 2020, broader scope covering all types of personal data collected by Google, with similar claims of unauthorized data collection and misleading privacy controls.
Appeal Points:
- Same Cause of Action: The chambers judge stayed the Kett Action, finding it a subset of the broader Sibble Action, making the former duplicative and an abuse of process.
- Procedural Fairness: Kett argued the judge erred by not allowing them to address factors considered in the stay application and by applying the carriage motion framework inappropriately.
Majority Opinion (Justice Fitch and Justice Marchand):
- Appeal Dismissed:
- The judge applied the correct legal test and Kett failed to show an error justifying intervention.
- No procedural unfairness as Kett had opportunities to present arguments but did not utilize them.
Dissenting Opinion (Justice Saunders):
- Appeal Allowed:
- The judge failed to address foundational principles and did not weigh all considerations.
- Recommended remitting the stay application for fresh determination.
Conclusion:
- The majority upheld the stay of the Kett Action, while the dissent suggested further review was needed.
The decision does not specify any monetary award/costs.
