Trad v Harbour Radio Pty Ltd

The appeal in *Trad v Harbour Radio Pty Ltd* concerned a defamation action brought by the appellant, Trad, against the respondent, Harbour Radio Pty Ltd. The dispute arose from statements published by the respondent which Trad alleged were defamatory. The appeal was heard in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the respondent had successfully established the defences of truth and comment under the *Defamation Act 1974* (NSW) in relation to certain imputations, and whether the defence of qualified privilege was available. The court also considered whether there was evidence of malice on the part of the respondent.

The Court of Appeal analysed the evidence presented in relation to each imputation. It found that the defence of truth was established for some imputations, meaning the respondent had proven the substantial truth of those statements. For other imputations, the court determined that the respondent had failed to establish the factual basis required for the defence of comment, or that the statements were not protected by qualified privilege. The court also considered the evidence of malice and its impact on the availability of certain defences.

The appeal was allowed in part. The orders of the Common Law Division were set aside, and the proceedings were remitted for the assessment of damages concerning specific imputations. The appeal was dismissed in relation to other imputations. The court also made orders regarding the costs of the appeal and the first trial.