Trad v Harbour Radio Pty Ltd [2011] NSWCA 61

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Trad v Harbour Radio Pty Ltd [2011] NSWCA 61 Hearing dates: 11 June 2010, 18 June 2010 Decision date: 22 March 2011 Before: Tobias JA, McColl JA, Basten JA Decision: (1) Appeal allowed in part; (2) Set aside the orders made by McClellan CJ at CL on 31 July 2009; (3) Remit the proceedings to the Common Law Division for the assessment of damages in relation to imputations (c), (h) and (k); (4) Dismiss the appeal with respect to imputations (a), (b), (d), (g) and (j); (5) Order the respondent to pay 50% of the appellant's costs of the appeal; (6) Costs of the first trial to be determined by the judge who assesses damages. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: DEFAMATION – Defences – whether truth and comment can be pleaded in respect of the same imputations

DEFAMATION – Defences – truth – whether defendant established substantial truth of imputations – Defamation Act 1974 (NSW), s 15

DEFAMATION – Defences – comment – whether defendant proved factual basis for comment – Defamation Act 1974 (NSW), s 30

DEFAMATION – Defences – qualified privilege –common law – whether imputations reply to an attack – whether imputations relevant to occasion of qualified privilege