• A man is attempting to sue Google New Zealand for defamation over an unrelated blog site. (AAP)
A serial litigant is attempting to sue Google New Zealand for defamation over an unrelated blog site.
Source:
AAP
2 Apr 2014 - 12:44 PM  UPDATED 2 Apr 2014 - 1:17 PM

A man is trying to sue Google New Zealand for $A9.44 million ($NZ10 million) because its online search engine brings up an unfavourable blog post.

Razdan Rafiq, an undischarged bankrupt, was the subject of a post on blog cqae.co.nz, which labelled him "nutbar" and a "serial moaner".

The post made reference to a Human Rights Tribunal decision about Mr Rafiq and included direct excerpts from his "shrill, abusive and racist" correspondence during the proceedings.

Mr Rafiq "took umbrage" at the blog and filed proceedings against Google New Zealand under the claim that a search on the Google website brings up the blog post.

He is suing Google New Zealand for $A9.44 million for defamation.

"He does not suggest that the defendant itself defamed him," Associate Judge Jeremy Doogue said in a High Court judgment.

"I understand that his argument is that if one framed a Google search in suitable terms, it would lead to a synopsis on the report page."

However, Google has applied for a security of costs, meaning Mr Rafiq must come up with about $NZ10,000 before the case can proceed.

Associate Judge Doogue said Mr Rafiq's case had "little prospect of success" and there was legitimate concern that he couldn't afford the costs.

"Given the extraordinary and obscene communication which the plaintiff (used)... the blogger may very well have a defence of honest opinion," the judgment said.

The court also ruled Google New Zealand was the wrong defendant because the American corporation Google Inc operates the search engine.

Mr Rafiq is no stranger to the New Zealand court system.

In February, he applied to the Supreme Court for almost $NZ2 billion in compensatory damages after the Court of Appeal refused to review decisions relating to other court action.

Those decisions once again involved the court stopping proceedings due to Mr Rafiq's inability to pay costs.

Last year, Mr Rafiq tried to get the same court to review a decision not to waive a filing fee in the Court of Appeal, alleging the person who made the decision was racist.

He claimed the cost of the fee would put him in financial hardship, however the court noted he had made recent payments to Trademe and Mylotto.co.nz and daily payments to McDonalds, KFC and Burger King.

In 2012, Mr Rafiq was fined $NZ200 for swearing repeatedly at a police officer who was ensuring he was complying with his bail conditions.

That same year his private pilot licence was revoked and he later pleaded guilty to charges under the Civil Aviation Act for lying about information relevant to holding a pilot license.

Mr Rafiq has also been fined for harassment through correspondence to government departments, according to media reports.