Radio 2UE Sydney Pty Ltd v Chesterton [2009] HCA 16

HIGH COURT OF AUSTRALIA

FRENCH CJ

GUMMOW, HEYDON, KIEFEL AND BELL JJ

RADIO 2UE SYDNEY PTY LTD APPELLANT

AND

RAY CHESTERTON RESPONDENT

Radio 2UE Sydney Pty Ltd v Chesterton

[2009] HCA 16

22 April 2009

S474/2008

ORDER

Appeal dismissed with costs.

On appeal from the Supreme Court of New South Wales

Representation

R G McHugh SC with J Chambers for the appellant (instructed by Banki Haddock Fiora)

C A Evatt with R K M Rasmussen for the respondent (instructed by Beazley Singleton Lawyers)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Radio 2UE Sydney Pty Ltd v Chesterton

Defamation – Statements amounting to defamation – Test to be applied in determining what is defamatory – Whether general test has application to imputations concerning business or professional reputation – Whether general test limited to imputations concerning character or conduct – Distinction between defamation and injurious falsehood – Gacic v John Fairfax Publications Pty Ltd (2006) 66 NSWLR 675 considered.

Defamation – Statements amounting to defamation – Standards by which allegedly defamatory imputations to be judged – Distinction between general test for defamation and standards to be applied – Standards imported by describing hypothetical referees of whether person defamed as "right-thinking" – Relevance and applicability of general community standards.

Defamation – Statements amounting to defamation – Standards by which allegedly defamatory imputations to be judged – Whether in cases concerning business or professional reputation hypothetical referees assumed to have special knowledge of business or profession – When plea of true innuendo appropriate.

Defamation – Statements amounting to defamation – Test to be applied in determining what is defamatory – Whether jury misdirected – Whether substantial wrong or miscarriage occurred.