Full Court Minute Books

Case S318/2011

Harbour Radio Pty Limited v. Trad

Case No.


Case Information

Lower Court Judgment

22/03/2011 Supreme Court of New South Wales (Court of Appeal) (Tobias, McColl and Basten JJA)

[2011] NSWCA 61


Defamation — Defence of substantial truth — Application of defence — Respondent engaged in public speech concerning activities of Radio 2GB, a station owned and operated by the applicant — Radio 2GB broadcast response to respondent's speech consisting of a presenter monologue, audio recording of part of respondent's speech and talkback calls — Respondent brought proceedings for defamation — Jury found certain defamatory imputations arose from broadcast — Applicant relied on, inter alia, defence of substantial truth — Trial judge found certain imputations were matters of substantial truth and applicant not actuated by malice — Court of Appeal overturned trial judge's findings with respect to defence of truth on the basis that while the correct test had been identified, it was not applied, and therefore could not be sustained — Whether trial judge failed to apply relevant test for defence of truth — Defamation Act 1974 (NSW), s 15.

Short Particulars


02/09/2011 Hearing (SLA, Sydney)

16/09/2011 Notice of appeal

30/09/2011 Written submissions (Appellant)

30/09/2011 Chronology (Appellant)

21/10/2011 Written submissions (Respondent)

07/11/2011 Reply

03/02/2012 Hearing (Full Court, Canberra)

21/02/2012 Supplementary reply (Appellant)

05/03/2012 Hearing (Full Court, Canberra)

05/10/2012 Judgment   (Judgment summary)