Radio 2UE Sydney Pty Ltd v Chesterton

Radio 2UE Sydney Pty Ltd (the appellant) appealed to the Court of Appeal of New South Wales against a jury verdict and judgment in favour of Mr. Chesterton (the respondent) in a defamation proceeding. The dispute concerned statements broadcast by Radio 2UE which the respondent alleged were defamatory of his reputation, particularly in relation to his business and professional standing.

The central legal issues before the Court of Appeal were whether the jury had been correctly directed on the applicable standards for determining whether an imputation was defamatory of the respondent's trade, business, or professional reputation. Specifically, the court considered whether the jury should have been instructed that the relevant standard was whether ordinary, decent members of the community, taken in general, would think less of the respondent, or whether a different standard applied when assessing damage to a business reputation.

The Court of Appeal, comprising Spigelman CJ, Hodgson JA, and McColl JA, held that the jury directions were adequate. The court affirmed that the test for defamation, including in relation to business reputation, is whether the publication is likely to cause ordinary, decent members of the community, taken in general, to think less of the plaintiff. The court reasoned that a person's reputation encompasses their general character and standing, as well as their specific trade, business, or professional reputation, and that the same fundamental test applies to all aspects of reputation. The appeal was accordingly dismissed.