RADIO 2UE SYDNEY PTY LTD & ANOR v GOLDSWORTHY [2000] NSWCA 130

RADIO 2UE SYDNEY PTY LTD & ANOR v GOLDSWORTHY [2000] NSWCA 130

Leave to appeal was refused because the claimants did not show an arguable error in the trial judge's conclusions that the imputation was not confined to a matter of public interest and was not based on proper material, there being no rational relationship between the opponent's conduct as a barrister in the committal proceedings and the imputation that he was generally a heartless person.

Jurisdiction
Australia
Judgment Date
23 May 2000
Procedural Posture
Defamation / Application for Leave to Appeal From Supreme Court Common Law Division
Outcome
Leave refused - Summons dismissed with costs
Legal Topics
['defence of Comment' 'proper Material for Comment' 'public Interest' 'rational Relationship Between Material and Imputation' 'leave to Appeal']
['defamation'] ['defence of Comment' 'proper Material for Comment' 'public Interest' 'rational Relationship Between Material and Imputation' 'leave to Appeal']

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Procedural Posture

Defamation / Application for Leave to Appeal From Supreme Court Common Law Division

Legal Issues

  1. 1 ['Whether the claimants had an arguable case of error in the rejection of the defence of comment referable to the imputation that the opponent was a heartless person.' 'Whether the imputation was a statement of fact rather than comment.' 'Whether the imputation related to a matter of public interest.' 'Whether the imputation was based on proper material and had a rational relationship with the material relied upon by the claimants.']

Ratio Decidendi

Leave to appeal was refused because the claimants did not show an arguable error in the trial judge's conclusions that the imputation was not confined to a matter of public interest and was not based on proper material, there being no rational relationship between the opponent's conduct as a barrister in the committal proceedings and the imputation that he was generally a heartless person.

Court Disposition

Leave refused - Summons dismissed with costs

Orders

  • ['Leave refused.' 'Summons dismissed with costs.']