Mining millionaire neighbour fails to shut down Raffles Hotel beer garden over noise complaints

A man in Perth who lives in a $2.7 million apartment above the Raffles Hotel has lost his final legal bid to have the pub's beer garden closed at night over noise complaints.

Trouble between mining millionaire Derek Ammon and bar staff at the Applecross venue began in 2016 when he threw tomatoes from his balcony at a sound system in the beer garden.

Shortly after, the NIMBY neighbour began legal action against the Applecross venue's owners, Colonial Leisure Group, asking for the beer garden to close at 9pm and damages be paid by the venue for "interfering with the enjoyment" of his apartment.

Ammon's legal fight has now drawn to a close, after three judges of the Court of Appeal dismissed his final appeal.

Ammon said he was forced to wear industrial-strength headphones to read and sleep due to the noise of the neighbouring venue which "penetrates the full length of my apartment".

"The ongoing noise has made me feel increasingly frustrated, upset and angry," he said during the 2018 trial.

"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.

"One such incident was the tomato and water bottle incident. I have yelled at people and spoken badly to people."

He was told after losing his legal fight that he should have anticipated the noise from the bar as it was operating well before he bought his apartment in 2009.

Sheridan Randall, 18^th October 2019