Radio 2Ue Sydney Pty Ltd & v Goldsworthy

Radio 2UE Sydney Pty Ltd and another party appealed to the Court of Appeal of New South Wales against a decision of the Supreme Court of New South Wales. The appeal concerned a defamation action brought by Mr Goldsworthy, a barrister, against the appellant radio station. The dispute arose from radio broadcasts made by the appellant concerning Mr Goldsworthy's professional conduct and personal life.

The central legal issue before the Court of Appeal was whether the material upon which the appellant relied as the basis for its comments about Mr Goldsworthy had a rational relationship to the imputations conveyed by those comments. Specifically, the court had to determine if Mr Goldsworthy's life, as a barrister, was a matter of public interest such that it could form the proper material for comment under the relevant provisions of the *Defamation Act 1974* (NSW).

The Court of Appeal reasoned that a barrister's life is not *per se* a matter of public interest, and that for comment to be protected, there must be a rational connection between the facts or material upon which the comment is based and the defamatory imputation being made. The court found that such a rational relationship was absent in this case, meaning the defence of comment was not available to the appellant.

Consequently, the Court of Appeal refused leave to appeal and dismissed the summons, with costs awarded to Mr Goldsworthy.