Radio 2UE Sydney Pty Ltd v Chesterton

Radio 2UE Sydney Pty Ltd (appellant) appealed to the High Court of Australia against a decision of the Court of Appeal of New South Wales concerning imputations made about the respondent's professional reputation. The dispute centred on whether the jury had been correctly directed on the test for determining whether statements were defamatory, particularly in the context of business or professional reputation.

The High Court was required to determine whether the general test for defamation, which assesses whether imputations would lead ordinary reasonable members of the community to think less of a plaintiff, applies to statements concerning a plaintiff's business or professional reputation. It also considered whether a jury in such cases should be directed to apply the standards of the general community or those of hypothetical referees with special knowledge of the relevant business or profession, and whether the Court of Appeal in *Gacic v John Fairfax Publications Pty Ltd* had erred in its approach.

The Court held that the general test for defamation is applicable to all imputations that allegedly injure a plaintiff's reputation, including those relating to their business or professional standing. The assessment of whether an imputation lowers a plaintiff in the estimation of ordinary reasonable members of the community is to be made by reference to the general knowledge and standards of the community. While a plaintiff may plead and lead evidence of special facts to establish a true innuendo requiring particular knowledge within a business or profession, there is no basis for applying the standards of hypothetical referees other than the ordinary reasonable person. The Court found that the trial judge's directions had correctly conveyed the general test to the jury, and no substantial wrong or miscarriage of justice had occurred.

The appeal was dismissed with costs.