Mining millionaire who threw tomatoes into a beer garden from his luxury waterfront apartment because of crowd and music noise loses last ditch bid to silence revellers
- Derek Noel Ammon has lost a final bid to silence a beer garden beneath his home
- The appeal found on Thursday the hotel was acting within it’s operating rights
- He has pelted objects into the pub from his balcony unleashed a tirade on staff
- Last year he lost an appeal at the Supreme Court to implement noise restrictions
A mining millionaire has lost his final bid to silence revellers partying in a pub beneath his luxury waterfront Perth apartment.
Derek Noel Ammon complained to Colonial Leisure Group, owner of the heritage-listed Raffles Hotel in Applecross, about music and crowd noise from the beer garden and Riverside Room reaching his fifth floor apartment at night.
In October 2015, he directed an ‘expletive laden rant’ at the facilities manager of the strata complex and in May the following year, pelted audio equipment with tomatoes and water bottles thrown from his balcony.
Derek Noel Ammon (pictured) complained bitterly to Colonial Leisure Group, owner of the heritage-listed Raffles Hotel in Applecross, about music and crowd noise from the beer garden and Riverside Room reaching his fifth floor apartment at night
The former mining executive said he had to use uncomfortable industrial-strength headphones to read or sleep, and was forced to defer work, when the noise was particularly loud.
‘I have tried to remain calm about the situation but on occasions I have not been able to remain calm and have done some silly things which I later regretted,’ Mr Ammon testified in his civil trial last year, which he lost.
His appeal was dismissed on Thursday.
‘The expert opinion appears to be that the hotel cannot reasonably comply with assigned noise levels in adjacent apartments, even without any music, as crowd levels alone would, in all probability, exceed the prescribed noise levels,’ the WA Court of Appeal judges said.
Mr Ammon lost an appeal in the Supreme Court last year where he rallied for noise restrictions to be placed on the heritage-listed venue (pictured) and to be paid damages for his suffering.
‘There appears to be little to be done to prevent the hotel’s operations causing or significantly contributing to a level of noise that exceeds the assigned levels under the regulations, short of stopping the hotel operating.
‘… the ordinary operation of the hotel involves attracting patrons and playing music.’
Mr Ammon lost an appeal in the Supreme Court last year where he rallied for noise restrictions to be placed on the heritage-listed venue and to be paid damages for his suffering.
Master Craig Sanderson who oversaw the case argued the plaintiff should of taken the long-established hotel into consideration before purchasing the property.
Master Craig Sanderson who oversaw the case argued the plaintiff should of taken the long-established hotel into consideration before purchasing the property (pictured)