Radio 2UE Sydney Pty Ltd v Chesterton [2009] HCA 16

Radio 2UE Sydney Pty Ltd v Chesterton [2009] HCA 16

The general test for determining defamatory matter applies regardless of whether the imputation concerns a person's professional, business or personal reputation. There is no separate test for 'business defamation'; all are to be adjudged by reference to whether ordinary reasonable people would think less of the...

Source-derived case information.

Parties
Appellant: Radio 2UE Sydney Pty Ltd; Respondent: Ray Chesterton
Jurisdiction
Australia
Judgment Date
22 April 2009
Procedural Posture
Appeal / Final Judgment of the High Court of Australia on Appeal From the Supreme Court of New South Wales
Outcome
Appeal dismissed with costs.
Legal Topics
Defamatory Imputations, Jury Directions, Professional Reputation, Business Defamation, General Test for Defamation, Community Standards, Injurious Falsehood
Tort Law Defamation Defamatory Imputations Jury Directions Professional Reputation Business Defamation General Test for Defamation Community Standards +1 more

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Parties

Radio 2UE Sydney Pty Ltd

Appellant

Ray Chesterton

Respondent

Procedural Posture

Appeal / Final Judgment of the High Court of Australia on Appeal From the Supreme Court of New South Wales

Legal Issues

  1. 1 Whether the general test for what constitutes 'defamatory' matter applies to imputations regarding professional or business reputation
  2. 2 Whether different standards or a separate test applies to business/professional reputation compared to personal reputation in defamation
  3. 3 Whether the trial judge's directions to the jury in relation to business/professional reputation were in error

Ratio Decidendi

The general test for determining defamatory matter applies regardless of whether the imputation concerns a person's professional, business or personal reputation. There is no separate test for 'business defamation'; all are to be adjudged by reference to whether ordinary reasonable people would think less of the plaintiff. The trial judge's directions, when read as a whole, conveyed the correct approach to the jury. Even if there was a misdirection, no substantial wrong or miscarriage occurred due to the inevitability of the jury's findings given the nature of the broadcast.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.