Lawsy, The "Beer-Bellied Buffoon" And A Judgment For Defamation

A majority of the High Court has recently affirmed the general test for defamation, namely whether an ordinary reasonable person would think less of a plaintiff because of what has been said about him or her, applies to all aspects of a person's reputation, including business reputation.

The decision scuppers the principle established by the NSW Court of Appeal in Gacic v John Fairfax Publications Pty Limited (2006).

On 8 August 2005, on his radio programme, John laws commented that Ray Chesterton, a journalist who had previously worked with 2UE, was a "bombastic beer-bellied buffoon".

Radio 2UE Sydney Pty Limited (2UE) is the licensee of the radio station over which the comments were broadcast. Mr Chesterton sued Radio 2UE for defamation.