Mann, Arnold v The Board of Health of the Australian Capital Territory & Ors [1996] FCA 492

CATCHWORDS APPEAL - appeal against order for separate trials of different causes of action - complex promissory estoppel, contractual and defamation causes of action - application of O22 r1 - causes of action incapable of independent resolution as interrelated. APPEAL - appeal against decision to uphold order striking out certain particulars of malice in defamation action. PRACTICE & PROCEDURE - defamation - particulars of malice - must include statement of facts from which conclusion as to malice may be drawn - primary facts to be alleged rather than conclusions -inadequacy of particulars not grounds for striking out. DEFAMATION - malice vitiating occasion of qualified privilege - truth or falsity of defamatory statement not essential - motive for defamatory statement may include reckless indifference - inference of malice to be derived from intrinsic and extrinsic circumstances. Defamation Act, O23, r2, O23 r6 NSW Supreme Court Rules, Pt 67, r11(2) English Annual Practice 1995, par 18.12.2 Horrocks v Lowe [1975] AC 135 Turner v MGM Pictures Ltd [1950] 1 All ER 449 Calwell v Ipec Australia Ltd (1975) 135 CLR 321 Turner v Bulletin Newspaper Co Pty Ltd (1974) 3 ALR 491 King v John Fairfax & Sons Ltd [1983] 1 NSWLR 31 Hanrahan v Ainsworth (1990) 22 NSWLR 73 The Herald and Weekly Times Ltd v McGregor (1928) 41 CLR 255 On appeal from a Judge of the Supreme Court of the Australian Capital Territory ARNOLD MANN v THE BOARD OF HEALTH OF THE AUSTRALIAN CAPITAL TERRITORY, JOHN ARTHUR BISSETT, LEONARD EDWARD WITHERS, ANTHONY CHARLES CLARKE, JOHN JAMES O'DONNELL, BRIAN PETER HURLEY and NOEL TAIT No. ACT G5 of 1996

WILCOX, HIGGINS and R D NICHOLSON JJ CANBERRA 21 JUNE 1996

IN THE FEDERAL COURT OF AUSTRALIA) AUSTRALIAN CAPITAL TERRITORY ) DISTRICT REGISTRY ) No. ACT G5 of 1996 GENERAL DIVISION )