Radio 2UE Sydney Pty Ltd v Chesterton [2008] NSWCA 66

Radio 2UE Sydney Pty Ltd v Chesterton [2008] NSWCA 66

In a defamation case involving imputations said to affect a person's business reputation, the jury should be directed that the test for whether the imputation is defamatory is whether ordinary right-thinking people applying community standards would consider the imputation damaging to the plaintiff's reputation in the relevant trade, business, or professional respect. The error in the trial judge's direction in this case was omitting that the community standards test applies to both personal and business reputation imputations.

Jurisdiction
Australia
Judgment Date
17 April 2008
Procedural Posture
Civil Appeal / Judgment on Appeal in the Court of Appeal From a S 7 a Defamation Act 1974 Trial; Subsequent High Court Dismissal of Appeal
Outcome
Appeal dismissed with costs (High Court); appeal allowed in part in Court of Appeal ordering new trial on business reputation imputations
Legal Topics
['defamatory Meaning' 'business Reputation' 'jury Directions' 'community Standards' 'personal Reputation Vs Business Reputation' 'test for Defamatory Meaning']
['defamation Law' 'tort Law'] ['defamatory Meaning' 'business Reputation' 'jury Directions' 'community Standards' 'personal Reputation Vs Business Reputation' 'test for Defamatory Meaning']

Case Brief

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Procedural Posture

Civil Appeal / Judgment on Appeal in the Court of Appeal From a S 7 a Defamation Act 1974 Trial; Subsequent High Court Dismissal of Appeal

Legal Issues

  1. 1 ['What is the appropriate direction for a jury regarding the standard by which to determine whether alleged business reputation imputations are defamatory?' 'Does the test for defamatory meaning differ for business reputation imputations compared to personal reputation imputations?']

Ratio Decidendi

In a defamation case involving imputations said to affect a person's business reputation, the jury should be directed that the test for whether the imputation is defamatory is whether ordinary right-thinking people applying community standards would consider the imputation damaging to the plaintiff's reputation in the relevant trade, business, or professional respect. The error in the trial judge's direction in this case was omitting that the community standards test applies to both personal and business reputation imputations.

Court Disposition

Appeal dismissed with costs (High Court); appeal allowed in part in Court of Appeal ordering new trial on business reputation imputations

Orders

  • ['Appeal allowed (NSWCA) in relation to business reputation imputations (b), (c), (d); new s 7A trial ordered in respect of those imputations; respondent to pay costs of appeal and costs of first s 7A trial to the extent related to business reputation imputations.']