Kearney v 2HD Broadcasters Pty Limited t/as 1143 2HD

Kearney sued 2HD Broadcasters, the operator of a talkback radio station, for defamation arising from false and defamatory statements made by a caller to the station's radio program. After the radio station settled with Kearney, it cross-claimed against the caller for contribution to the settlement amount. The caller, in turn, brought a claim against the radio station for deceit. The court was required to determine whether the caller had any defences to Kearney's claim for defamation, the reasonableness of the settlement amount, and the quantum of contribution to be paid by the caller to the radio station. Additionally, the court had to consider the elements of the tort of deceit as alleged by the radio station against the caller.

The court found that the caller's statements were false and defamatory, and that the radio station had breached its duty of care by broadcasting them. The court held that the caller did not have any defences to Kearney's claim for defamation. The court also found that the settlement amount was reasonable, and that the caller should contribute 50% of the settlement amount to the radio station. The court rejected the radio station's claim for deceit against the caller, finding that the caller had not intentionally misled the radio station into broadcasting the defamatory statements.

The court held that the caller's statements were false and defamatory, and that the radio station had breached its duty of care by broadcasting them. The court found that the caller did not have any defences to Kearney's claim for defamation, and that the settlement amount was reasonable. The court ordered the caller to pay 50% of the settlement amount to the radio station. The court dismissed the radio station's claim for deceit against the caller, finding that the caller had not intentionally misled the radio station into broadcasting the defamatory statements.