O'Neill, JJ. v Mann, A

Case [1994] FCA 207


JAMES JOSEPH O'NEILL v. ARNOLD MANN
No. ACTG15 of 1994
FED No. 207/94
Number of pages - 15
Defamation
(1994) 49 FCR 370

COURT

IN THE FEDERAL COURT OF AUSTRALIA
CANBERRA DISTRICT REGISTRY
GENERAL DIVISION
HEEREY J

CATCHWORDS

Defamation - absolute privilege - letter of complaint to Attorney-General concerning ACT special magistrate - special magistrate holding office during pleasure of Governor-General - whether requirement of a hearing before termination - whether letter of complaint attracts absolute privilege.


Federal Court Rules 0.29 Div 1; O.20 r.2


Magistrates Court Ordinance 1930 (ACT), ss.5(1), 6A, 7, 10, 10A, 10D, 10H, 10J, 10K, 10L


Addis v Crocker (1961) 1 QB 11


Ainsworth v Criminal Justice Commission (1992) 175 CLR 564


Annetts v McCann (1990) 170 CLR 596


Attorney-General (NSW) v Quin (1990) 179 CLR 1


Bretherton v Kaye and Winneke (1971) VR 111


Chen Zhen Zi v Minister for Immigration and Ethnic Affairs (Federal Court, Full Court, 25 March 1994)


Dawkins v Lord Rokeby (1873) LR 8 OB 255


Dawkins v Lord Rokeby (1875) LR 7 HL 744


Douglass v Lewis (1982) 30 SASR 50


FAI Insurances Ltd v Winneke (1982) 151 CLR 342


Gibbons v Duffell (1932) 47 CLR 520


Heatley v Tasmanian Racing and Gaming Commission (1977) 137 CLR 487


Hercules v Phease (Supreme Court of Victoria, Appeal Division, 17 December 1993)


Jamieson v R (1993) 116 ALR 193


Johns v Australian Securities Commission (1993) 116 ALR 567


Kioa v West (1985) 159 CLR 550


Lincoln v Daniels (1962) 1 QB 237


O'Connor v Waldron (1935) AC 76


Royal Aquarium Summer and Winter Garden Society Limited v Parkinson (1892) 1 QB 431


R v Skinner (1772) Lofft 54, 98 ER 529


Testro Bros Pty Ltd v Tait (1963) 109 CLR 353


Trapp v Mackie (1979) 1 WLR 377

HEARING

CANBERRA, 8 April 1994
#DATE 21:4:1994, ADELAIDE


Counsel for the plaintiff: D Rofe QC with B Hull


Solicitor for the plaintiff: Phillips Fox


The defendant appeared in person

ORDER

The Court Orders:

1. Judgement for the defendant.

2. The plaintiff pay the defendant's costs including reserved costs.

3. The orders for the filing and service of further pleadings made on 8 April 1994 are vacated.

4. The hearing date fixed for 27 June 1994 is vacated.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

JUDGE1

HEEREY J The plaintiff was a special magistrate in the Australian Capital Territory. On 20 October 1988 the defendant wrote to the Attorney-General for the Commonwealth a letter complaining about the performance and capacity of the plaintiff and sent a copy of the letter to the Chief Magistrate of the Territory. On 3 January 1989 the defendant sent a letter on the same theme to the Minister for Justice. In answer to the plaintiff's action for defamation the defendant has pleaded the defence of absolute privilege.

  1. The question raised by this plea has, by consent of the parties, been tried separately under Order 29 Division 1 of the Federal…

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Details
AGLC
O'Neill, JJ. v. Mann, A. [1994] FCA 207 ((1994) 49 FCR 370)
Case
[1994] FCA 207
Decision Date

CaseChat Overview and Summary

The plaintiff, JJ O'Neill, brought a defamation action against the defendant, A Mann, over a letter that Mann had written to the Attorney-General of the Australian Capital Territory. The letter was a complaint about the conduct of a special magistrate, who held office during the pleasure of the Governor-General. The plaintiff, JJ O'Neill, alleged that the contents of the letter were defamatory and that they were published without absolute privilege. The defendant argued that the letter was privileged because it was a communication made to a public official for the purpose of bringing a matter of public concern to their attention.

The central legal issues before the court were whether the letter of complaint was protected by absolute privilege and, if so, whether the special magistrate was required to hold a hearing before termination of their office. The court needed to determine whether the communication was made to a person in a public or quasi-judicial capacity, and whether the subject matter of the communication related to the performance of their official duties. The court also needed to consider whether the communication was made for the purpose of bringing the matter to the attention of the public official.

The court held that the letter of complaint to the Attorney-General was protected by absolute privilege. It found that the special magistrate was a public official, and the subject matter of the letter was related to their official duties. The court held that the communication was made for the purpose of bringing the matter to the attention of the public official, and therefore the letter was protected by absolute privilege. The court also found that the special magistrate was not required to hold a hearing before termination of their office.

The court dismissed the plaintiff's defamation action and ordered that the defendant pay their costs. The court also vacated the orders for the filing and service of further pleadings and the hearing date. The final orders of the court included judgment for the defendant, the plaintiff to pay the defendant's costs, and the vacation of certain procedural orders.

Orders

Orders of the court

The Court Orders:

1. Judgement for the defendant.

2. The plaintiff pay the defendant's costs including reserved costs.

3. The orders for the filing and service of further pleadings made on 8 April 1994 are vacated.

4. The hearing date fixed for 27 June 1994 is vacated.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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