Andrew O’Brien KC (with MJ Copley QC) appeared for the respondents, instructed by Corrs Chambers Westgarth.
This case concerned an appeal against the Magistrate’s decision to dismiss the appellant’s claim against the respondent. The Court of Appeal found that the conduct of the respondent in its construction of the telecommunications facility, so as to allow for the emission of electromagnetic radiation, is not conduct which is amenable to s 5 of the Peace and Good Behaviour Act 1982. Ultimately, the appeal was dismissed, except in so far as it relates to the costs order. The order that the complainant pay the costs of the respondent was varied so that the amount to be paid is $1,750.00 instead of $136,000.00.
The judgment can be read by clicking here
