NSW lawyer who misplaced neighbour case appeals | Port Macquarie Information

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NSW lawyer who lost neighbour case appeals | Port Macquarie News

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A “Minor Neighborhood Dispute” suitable for A Current Affair before ending in a defamation lawsuit and paying $ 300,000 in damages is back in court. Attorney Vanessa Hutley was ordered to pay damages to her neighbor, Anthony Cosco, after accusing him on Nine’s 2016 television program of bullying herself and her family, and of directly endangering their lives. The bitter dispute began when Mr Cosco was carrying out construction work on the neighboring house in 2013, which was purchased in 2013 in the suburbs of Balmain in inner-west Sydney. Judge Stephen Rothman made his decision in July 2020, saying the “minor neighborhood dispute” was “essentially caused by the defendant’s” arrogance and superiority. “Ms. Hutley appealed, ruling that she was the Supreme Court Justice had awarded NSW “manifestly excessive” damages and made several errors, including stating that some matters were not of material truth and the defense of justification was unsustainable. Justice Rothman accepted ample evidence of the “unduly favorable view” he had of the plaintiff “said her attorney Bruce McClintock SC on Tuesday. Mr. Cosco’s attorney Sue Chrysanthou SC said Justice John Basten, Justice Robert Macfarlan and Justice Richard White had to find the earlier decision” demonstrably wrong “in order to interfere. Mrs. Hutley presented “one A million viewers “as the victim of an unprovoked and ongoing campaign of shocking and appalling bullying by Mr Cosco that made their children fearful down their street, was reported to the appellate judges. But this is “far from the truth” regarding a conversation in which Ms. Hutley and her partner threatened to “fry you, we are lawyers,” said Ms. Chrysanthou. “Does that sound like people feeling intimidated or bullied?” In another incident, the couple pushed down a safety barrier between the two properties three times before reporting to Mr. Cosco about an unfair construction site. Worker Maurice Cornielje testified during the trial that Ms. Hutley and sometimes her son berated him and his staff almost every morning, calling them stupid and saying how “s ***” they were as people. One of Ms. Hutley’s most serious allegations was that Mr. Cosco possibly caused an explosion in her home and put her family in direct danger when he sealed an air vent that led to her kitchen with expanding foam. But Ms. Chrysanthou said Ms. Hutley knew about the incident before she even used the kitchen, the expanding foam was less flammable than wood, and the idea that Mr. Cosco knew the foam could cause an explosion was wrong. During their feud, an anonymous letter was circulated to the Balmain Corporations smearing Mr Cosco who then enacted a little “vigilante justice” by hiring a private investigator to find out who was the culprit. It is neither inappropriate nor an act of bullying to hire help to find out who is defaming him in his community and giving the details to police officers, Ms. Chrysanthou argued. The appeal hearing continues. Australian Associated Press

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A “Minor Neighborhood Dispute” suitable for A Current Affair before ending in a defamation lawsuit and paying $ 300,000 in damages is back in court.

Attorney Vanessa Hutley was ordered to pay damages to her neighbor, Anthony Cosco, after accusing him on Nine’s 2016 television program of bullying herself and her family, and of directly endangering their lives.

The bitter dispute began when Mr Cosco was carrying out construction work in 2013 on the neighboring house that had been purchased in the suburb of Balmain in inner west Sydney.

Judge Stephen Rothman made his decision in July 2020, saying the “minor neighborhood dispute” was “largely due to the defendant’s arrogance and sense of superiority”.

Ms. Hutley appealed stating that the NSW Supreme Court judge had awarded “manifestly excessive” damages and made several mistakes, including stating that certain matters were not of material truth and the defense of justification was unsustainable.

Justice Rothman accepted ample evidence because of the “unduly favorable view he held about the plaintiff,” their attorney Bruce McClintock SC told Tuesday.

Mr. Cosco’s attorney Sue Chrysanthou SC said Justice John Basten, Justice Robert Macfarlan and Justice Richard White they had to find the earlier decision “demonstrably wrong” in order to interfere.

Ms. Hutley presented herself to “a million viewers” as the victim of an unprovoked and ongoing campaign of shocking and appalling bullying by Mr. Cosco which caused her children to fear walking down her street, was told to appellate judges.

But this is “far from the truth” regarding a conversation in which Ms. Hutley and her partner threatened to “fry you, we are lawyers,” said Ms. Chrysanthou.

“Does that sound like people feeling intimidated or bullied?”

In another incident, the couple pushed down a safety barrier between the two properties three times before reporting to Mr. Cosco about an unfair construction site.

Worker Maurice Cornielje testified during the trial that Ms. Hutley and sometimes her son berated him and his staff almost every morning, calling them stupid and saying how “s ***” they were as people.

One of Ms. Hutley’s most serious allegations was that Mr. Cosco possibly caused an explosion in her home and put her family in direct danger when he sealed an air vent that led to her kitchen with expanding foam.

But Ms. Chrysanthou said Ms. Hutley knew about the incident before she even used the kitchen, the expanding foam was less flammable than wood, and the idea that Mr. Cosco knew the foam could cause an explosion was wrong.

During their feud, an anonymous letter was circulated to the Balmain Corporations smearing Mr Cosco who then enacted a little “vigilante justice” by hiring a private investigator to find out who was the culprit.

It is neither inappropriate nor an act of bullying to hire help to find out who is defaming him in his community and giving the details to police officers, Ms. Chrysanthou argued.

The appeal hearing continues.

Australian Associated Press