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Court of Appeal dismisses appeal from High Court, and affirms order dismissing claim of defamation as disclosing no reasonable cause of action, where a former employee sued a stud farm for writing to distributors of a book written by him threatening defamation proceedings, on the grounds that: (a) an earlier judgment of the High Court had already determined that a letter of the sort written by the stud farm was entirely appropriate; (b) even in the absence of an earlier judgment, the law was clear on that matter; and (c) the former employee had failed to particularise allegations of malice on the part of the stud farm.
Donnelly J (nem diss): Action struck out - no reasonable cause of action - claim by former employee of stud farm - compromise of employment claim in 2014 - publication of book by former employee in 2015 - alleged breach of confidentiality clause in earlier agreement - correspondence from employer to various booksellers and distributors requesting them to withdraw book from sale - earlier litigation - claim that letter to bookseller was defamatory - dismissal of claim in High Court - appeal - whether claim was bound to fail - whether matters were res judicata - malice - O.19, r.28 of the Rules of the Superior Courts - inherent jurisdiction irrelevancy of absence of other findings - issues of qualified privilege and malice - whether facts were uncontested - no particulars of malice asserted - qualified privilege - repetitive litigation.
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