Trad v Harbour Radio Pty Ltd [2009] NSWSC 750

Trad v Harbour Radio Pty Ltd [2009] NSWSC 750

The plaintiff's claim failed because imputations (b), (c), (d) and (g) were substantially true and related to a matter of public interest, and their truth caused such injury to reputation that the remaining imputations (a), (h), (j) and (k) did not further injure the plaintiff's reputation for the purposes of contextual truth. The Court also found that the broadcast was a proportionate response to the plaintiff's public attack on 2GB and that malice was not proved, and that the statutory comment defence applied to imputations (b), (c), (d) and (g).

Jurisdiction
Australia
Judgment Date
31 July 2009
Procedural Posture
Civil Defamation Proceedings / Principal Judgment After Trial of Defences Following S 7 a Jury Findings on Defamatory Imputations
Outcome
Plaintiff's claim dismissed with costs.
Legal Topics
['justification' 'truth' 'contextual Truth' 'qualified Privilege' 'response to Attack' 'comment' 'public Interest' 'malice']
['defamation Law' 'media Law'] ['justification' 'truth' 'contextual Truth' 'qualified Privilege' 'response to Attack' 'comment' 'public Interest' 'malice']

Case Brief

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Procedural Posture

Civil Defamation Proceedings / Principal Judgment After Trial of Defences Following S 7 a Jury Findings on Defamatory Imputations

Legal Issues

  1. 1 ['Whether the pleaded defamatory imputations were substantially true under s 15 of the Defamation Act 1974.' 'Whether contextual truth under s 16 of the Defamation Act 1974 defeated the imputations not proved true.' 'Whether the broadcast was protected by qualified privilege as a response to a public attack and whether malice defeated that privilege.' 'Whether the imputations that the plaintiff incites violence, incites racist attitudes, is dangerous and is disgraceful were protected as comment under ss 29-35 of the Defamation Act 1974.']

Ratio Decidendi

The plaintiff's claim failed because imputations (b), (c), (d) and (g) were substantially true and related to a matter of public interest, and their truth caused such injury to reputation that the remaining imputations (a), (h), (j) and (k) did not further injure the plaintiff's reputation for the purposes of contextual truth. The Court also found that the broadcast was a proportionate response to the plaintiff's public attack on 2GB and that malice was not proved, and that the statutory comment defence applied to imputations (b), (c), (d) and (g).

Court Disposition

Plaintiff's claim dismissed with costs.

Orders

  • ["The plaintiff's claim is dismissed with costs."]