Two men from Sydney’s eastern suburbs who tried to sue their neighbour after assault charges against them were dropped amid a tumultuous 20-year long dispute have had their case dismissed. The pair, who live in Double Bay, took their neighbour to court for malicious prosecution after they were both charged with common assault over two incidents dating back to 2019. The charges were later dropped by a magistrate when they faced court in 2020.
footage of the incident showed her flinching at the sound. The court heard the man had purchased the air horn to use as a device to end arguments with the woman. About 20 minutes after the first incident, the second man saw the woman using secateurs to cut a bamboo plant that grew on the men’s property, but whose leaves overhung into her backyard.
of the second incident shows the woman leaning over the fence to cut bamboo leaves on her neighbour’s property. “This action obviously upset the second plaintiff who swore at the defendant and then reached for the air horn, pointed it at the defendant and discharged it, with the defendant in close proximity,” the judge said.
again showed the woman flinching at the sound. The woman told the court, following the incidents, she experienced pain in her left ear. She saw two doctors, one of whom reported on the “presence of ear trauma and physical symptoms consistent with exposure to loud sound.” The woman reported the matter to police who attended her house that afternoon. She made a formal statement to police five days later. The two men were subsequently charged with common assault.
she provided police. But Judge Weber found the men failed to establish that the neighbour instituted or maintained the prosecution.
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