A mining millionaire lost his battle to silence the beer garden of a hotel next to his house after he claimed he was negatively impacted by the raucous music.
Derek Ammon stated that his "health and comfort" were compromised by loud music coming to his apartment in Perth from Raffles Hotel late at night.
He brought his concern to the Supreme Court, hoping to have a ruling in his favor where strong noise restrictions would be placed on the heritage list site.
Derek Ammon stated that his "health and comfort" were compromised by the music that moves to his apartment in Perth from Raffles Hotel late at night
He also expected to receive a payment for damages for his suffering.
Master Craig Sanderson agreed, while the noise may be impacting him, Mr. Ammon should have taken that into account when buying the $ 2.9 million department.
"Although I will accept that there is some interference with your occupation of the department, I am not satisfied that the interference is substantial and unreasonable."
A mining millionaire lost his battle to silence the garden of a hotel next to his house after he claimed he was negatively impacted by the raucous music
Mr. Ammon argued that until late at night he would lose the use of most of his apartment to avoid noise.
He allegedly abused the staff in the place, and registered by launching a tirade against an employee, which was played in court.
He also admitted to throwing tomatoes and bottles of water at the facility.
"Sometimes I have not been able to stay calm and I have done some nonsense, which I later regretted," he said.
Supposedly abused the staff in the place, and recorded the launch of a tirade against an employee, which was played in court
Master Sanderson said: "When the plaintiff bought his apartment, he was aware that the Raffles functioned as an entertainment venue and had operated in that way for many years.
"The hotel noise is consistent with what is reasonable and what the plaintiff could have anticipated when he bought his apartment.
"Even if he were satisfied that the plaintiff had established a nuisance, he would not have granted the requested court order."
Colonial also has the bar on the east coast of East Perth, The Royal, and with the rooftop bar, CBD, Print Hall.
A company owned by the president of Seven West Media, Kerry Stokes, bought the stake of Mr Ammon from the Pilbara explorer for 'millions'. during the state mining boom.
Mr. Ammon has not been successful in his legal battles, since he lost a case before the Supreme Court against Consolidated Minerals in 2007 for a Pilbara iron ore project.
He also ran for Melville's council in October campaigning against the development of the coastal areas of the city and for the maximum rates of the councils, but that was not successful either.
Colonial also has the bar on East Perth's East Coast, The Royal, and the rooftop bar, CBD, Print Hall.