Goldsworthy v Radio 2UE Sydney Pty Limited [1999] NSWSC 547

Goldsworthy v Radio 2UE Sydney Pty Limited [1999] NSWSC 547

The defence of comment succeeded in respect of the imputation that the plaintiff behaved shamefully in seeking to cross-examine the witness, as it was comment on a matter of public interest, based on proper material and honestly held. The defence of comment failed in respect of the imputation that the plaintiff is a heartless person, as this was not comment on a matter of public interest nor based on proper material for comment. Judgment was entered for the plaintiff on that imputation with damages awarded.

Parties
Plaintiff: Allan John Goldsworthy; First Defendant: Radio 2UE Sydney Pty Limited; Second Defendant: Ray Hadley
Jurisdiction
Australia
Judgment Date
09 June 1999
Procedural Posture
Defamation / Judgment After Trial by Jury and Judge
Outcome
Judgment for the defendants on imputation (a); judgment for the plaintiff on imputation (d); damages of $75,000 awarded to the plaintiff.
Legal Topics
Defence of Comment, Damages
Defamation Defence of Comment Damages

Case Brief

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Parties

Allan John Goldsworthy

Plaintiff

Radio 2UE Sydney Pty Limited

First Defendant

Ray Hadley

Second Defendant

Procedural Posture

Defamation / Judgment After Trial by Jury and Judge

Legal Issues

  1. 1 Whether the broadcast conveyed defamatory imputations about the plaintiff
  2. 2 Whether the defence of comment applied to the imputations found by the jury
  3. 3 Assessment of damages for defamation

Ratio Decidendi

The defence of comment succeeded in respect of the imputation that the plaintiff behaved shamefully in seeking to cross-examine the witness, as it was comment on a matter of public interest, based on proper material and honestly held. The defence of comment failed in respect of the imputation that the plaintiff is a heartless person, as this was not comment on a matter of public interest nor based on proper material for comment. Judgment was entered for the plaintiff on that imputation with damages awarded.

Court Disposition

Judgment for the defendants on imputation (a); judgment for the plaintiff on imputation (d); damages of $75,000 awarded to the plaintiff.

Orders

  • In respect of imputation (a) (behaving shamefully), judgment for the defendants.
  • In respect of imputation (d) (being a heartless person), judgment for the plaintiff.