Trad v Harbour Radio Pty Ltd (No 2) [2013] NSWCA 477

Trad v Harbour Radio Pty Ltd (No 2) [2013] NSWCA 477

The Court held that the defence of substantial truth was made out with respect to the relevant imputations, particularly in relation to incitement of anti-Semitic violence and racist attitudes against Jews, and that the contextual truth defence operated such that the remaining complained-of imputations (h and k) did not further injure the appellant's reputation. The correct test for substantial truth does not necessarily require an evaluative standard except in cases involving evaluative imputations (such as 'disgraceful'), for which the 'ordinary decent person' standard applies.

Jurisdiction
Australia
Judgment Date
23 December 2013
Procedural Posture
Appeal / Judgment on Remitter Following High Court Appeal
Outcome
Appeal dismissed.
Legal Topics
['defamation Substantial Truth' 'defamation Contextual Truth' 'incitement' 'evaluative Judgment and Community Standards' 'contextual and Substantial Truth Defences']
['defamation'] ['defamation Substantial Truth' 'defamation Contextual Truth' 'incitement' 'evaluative Judgment and Community Standards' 'contextual and Substantial Truth Defences']

Case Brief

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Procedural Posture

Appeal / Judgment on Remitter Following High Court Appeal

Legal Issues

  1. 1 ['Whether the defence of substantial truth was established regarding imputations (b), (c), (d), (g)' "Whether contextual truth defence precluded further injury to the appellant's reputation from imputations (h) and (k)" 'Proper test for substantial truth and contextual truth under Defamation Act 1974 (NSW)' "Meaning of 'incites' within the context of the imputations"]

Ratio Decidendi

The Court held that the defence of substantial truth was made out with respect to the relevant imputations, particularly in relation to incitement of anti-Semitic violence and racist attitudes against Jews, and that the contextual truth defence operated such that the remaining complained-of imputations (h and k) did not further injure the appellant's reputation. The correct test for substantial truth does not necessarily require an evaluative standard except in cases involving evaluative imputations (such as 'disgraceful'), for which the 'ordinary decent person' standard applies.

Court Disposition

Appeal dismissed.

Orders

  • ['Appeal dismissed.' "Appellant to pay the respondent's costs in this Court."]