O'Meara v McTackett and 7 Ors

The plaintiff, O'Meara, brought proceedings against McTackett and seven other defendants, alleging that they had acted in concert to defame him. The defendants sought to have the matter struck out on the basis that the proceedings amounted to an abuse of process. The court had to determine whether the plaintiff's case was an abuse of the court's process and therefore an improper use of the court's procedure. The court noted that there are two forms of abuse of process: one where the proceedings themselves are improper, and another where there is an ulterior motive in instituting the proceeding. The court found that the proceedings were not an abuse of process as the plaintiff had a bona fide cause of action. However, the court also considered whether there was an ulterior motive in bringing the proceeding, which would be an abuse of process. The court found that there was no evidence of an ulterior motive. The court dismissed the application to strike out the proceeding. The court ordered that the defendants pay the plaintiff's costs of the application.