In defamation cases involving business reputation imputations, a trial judge is not necessarily required to direct the jury to apply the general community standards test (whether ordinary right-thinking members of the community would think less of the plaintiff). The majority held that for business reputation imputations, it is sufficient to direct the jury to consider whether the imputations tend to injure the plaintiff in his or her trade, business or professional reputation, without an explicit community standards direction. However, the three judges gave different reasons, and the precise standard to be applied remains somewhat uncertain. McColl JA's dissent provides a comprehensive analysis of the authorities supporting the view that the hypothetical referee test (reflecting ordinary right-thinking people) should apply to all defamation cases including business reputation imputations.
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