Builder’s peace order application against neighbour dismissed
A builder attempting to secure “protection” from his earthmover neighbour amid tensions over a development says the earthmover allegedly threw him against his vehicle and repeatedly punched at his window.
An Agnes Water builder has been left disappointed after his Peace and Good Behaviour Order application against his neighbour was dismissed in court.
Sean Rodney Small filed the complaint on April 24, 2025 after Cameron David Lee allegedly assaulted him on April 23, 2025 about 5.50pm.
The court heard Mr Small had made a submission against a material change of use development application Mr Lee had submitted to council and Mr Lee wanted to “stop the slanderous lies and hate campaign” he claimed Mr Small had against him and his business, Agnes Coast Earthmoving.
Tensions peaked on Mr Lee’s Roundhill Road property which neighbours Mr Small’s Corfield Drive home after the latter was allegedly spotted taking photographs on the property, ignoring trespass warnings which Mr Lee claims were posted in the mailbox.
Each man had the chance to give their versions in court.
Mr Small labelled his neighbour “an environmental terrorist”, claimed he was “operating illegally” on the premises and had “been banned from operating on that land by council.”
“I’m a builder I know what it takes to get a permit,” he said.
Admitting to entering the property Mr Small said he drove onto the land to try have a “reasonable conversation” with Mr Lee but was allegedly assaulted by him.
Mr Small recalled Mr Lee allegedly throwing him against the pillar of his vehicle and punching the driver window about 30 times after he got back into the car.
“Did you hurt your hand by smashing my windows so hard?” he asked.
“I was just trying to get your attention,” Mr Lee replied.
After re-entering his vehicle Mr Small claimed Mr Lee jumped on the bullbar of his car.
“I wasn’t standing on your bullbar, you hit me with it,” Mr Lee retorted.
“I now avoid going to the property alone.”
Mr Small then told the court that once Mr Lee got down from the vehicle he tried to close the gate in an attempt to trap him and his vehicle on the property but was unable to get the gate shut so Mr Small returned to his home.
It was then alleged Mr Lee approached Mr Small’s residence, not entering it, to verbally abuse him, claiming “everyone in town hates you.”
Magistrate Edwina Rowan dismissed the application, saying there was limited evidence of fear or threatening conduct in this instance.
“I find that there has been one hostile interaction between the parties and it was brought about by Mr Small’s own conduct in entering the defendant's property,” she said.
“Both litigants are fixated on the others perceived wrongdoings” which has “soured what might have been a harmonious relationship.”
She said the Queensland Police Service had received complaints but were taking no further action against either party.