Qld neighbourhood disputes that ended in courtrooms
Stalkers invoking the devil, pedophile smear campaigns, disputes that went all the way to the High Court of Australia. We look at 17 neighbourhood stoushes that have made headlines.
Logan
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From a woman who hung a bucket of rotting fish outside a neighbour’s window to a pedophile smear campaign and people who tried to resolve disputes with fists, metal poles or samurai swords, sometimes neighbours just don’t get along.
But often taking some simple steps can de-escalate tensions.
The Queensland government has a detailed website outlining steps people can take to resolve disputes about noise, fences, trees and more.
The government also runs dispute resolution centres to help those struggling with neighbourhood complaints.
But it is often best to talk in person first — where safe to do so — to avoid situations escalating, rather than resorting to notes in letterboxes or angry texts.
Stay calm, listen to what the other side has to say without interrupting, make sure you look engaged and are taking their point of view seriously, avoid name calling or laying blame.
Strata title or unit residents face unique difficulties which make them even more prone to problems with neighbours.
Formal resolution of many disputes between neighbours in a body corporate can only be dealt with through the Office of the Commissioner for Body Corporate and Community Management.
We look at some of Qld’s notable backyard stoushes.
CONVICTIONS RECORDED
BEAU BAXTER, REDLANDS
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The Birkdale man, 44, wielded a samurai sword at a neighbour before busting himself by calling police, who found a drug stash at his home before he pulled a knife on them.
Baxter pleaded guilty in Cleveland Magistrates Court earlier this month to possession of a knife in public, public nuisance, possessing dangerous drugs and possessing drug utensils.
The court heard that on February 26 last year he arrived home after an outing with his carer before arguing with a neighbour.
He went inside before waving a samurai sword at the neighbour.
Police later found 161g of cannabis, a water pipe, scales and a clip seal bag in his house and when they returned the next morning he approached them on his driveway with a knife, the court heard.
Magistrate Deborah Vasta imposed a 12-month good behaviour bond and recorded convictions.
LILITH MARTIN, SUNSHINE COAST
A neighbourly dispute turned violent when Martin, 57, swung a crowbar at a man sitting in a ute at his Sunshine Coast hinterland property in September, 2021.
She pleaded guilty in Maroochydore District Court in May last year to assault occasioning bodily harm.
The Crown prosecutor said the man put his arm up to protect himself and the crowbar struck his finger before restraining her and calling triple-0.
In a video tendered to the court, the man could be heard saying to Martin “do you know you’re on private property?” while she screamed she was not able to breathe.
Both were taken to Sunshine Coast University Hospital with minor injuries.
The court heard was a Bosnian refugee diagnosed with PTSD and there were ongoing tensions between the neighbours at the time. She now lived in Melbourne.
Judge Glen Cash said the man acted appropriately by restraining his attacker
He sentenced Martin to 12 months’ jail, wholly suspended.
TREVOR DALE WHEELER, LABRADOR
Wheeler confronted neighbour Bradley Ward, 60, about Wheeler feeding birds in his front yard, Southport District Court was told in March last year.
They scuffled, shoving each other and both throwing punches before Ward collapsed and died, on November 18 in 2020.
The Crown prosecutor said Mr Ward was medically obese and suffered from heart disease, among other ailments.
They said Wheeler targeted Mr Ward’s 82-year-old mother as she came to her son’s aid, shoving her to the ground. She was not injured.
Wheeler then swung a stick at Mr Ward six times, connecting once with his head before a taxi driver stopped to help.
Wheeler pleaded guilty to unlawful assault occasioning bodily harm while armed and serious assault of a person over 60.
He was sentenced to 18 months’ jail, suspended after 31 days served in custody.
MARK RUSSELL MEIERS
A weekend watching the Bathurst 1000 erupted into a violent stoush in which Meiers threw a chihuahua out a door and repeatedly punching a neighbour in the face, Southport District Court heard last year.
Meiers, 54, became enraged at Peaches the elderly pooch after she urinated on the floor of his home last October and threw her outside
When the neighbour investigated the commotion he was punched, falling to the ground, before being punched again when he tried to get up. He required stitches.
The court heard Meiers had prior convictions for serious assault and threats to police, but his barrister said Meiers suffered from bipolar disorder.
Meiers pleaded guilty to serious assault on a person over 60 and animal cruelty.
He was sentenced to 12 months’ jail, wholly suspended for two years, and placed on probation for 12 months.
TROY LAURENCE BENNETT, MOOLOOLABA
Bennett, who had a serious alcohol problem and was previously convicted for attacking his elderly neighbour, was the “neighbour from hell’’ and belted his own dog, Maroochydore Magistrates Court heard.
He pleaded guilty to charges including public nuisance and animal cruelty at his home on November 12, the day after being released from a watchhouse, after drunkenly yelling at neighbours “mind your own business or I’ll kill you”.
He also threw a chair off his balcony.
The court was told Bennett, who had a mental illness and was homeless during Covid, was on a suspended sentence for attacking one a 60-year-old female neighbour.
The court heard he kicking the dog in the ribs, grabbed it by the neck and threw it down a concrete stairway.
Magistrate Matthew McLaughlin said he was the “neighbour from hell”.
He activated Bennett’s six-month suspended sentence and jailed himfor two months for public nuisance and animal cruelty.
JACOB KILMARTIN, BRISBANE
An ongoing dispute over noise and trees ended with Kilmartin smashing his Shorncliffe neighbour, 58, over the head with a metal pole, splitting open his forehead, a court heard last year.
Kilmartin pleaded guilty in Brisbane District Court to one charge of assault occasioning bodily harm while armed.
A prosecutor said there had been an ongoing dispute between the two men that erupted in a violent exchange on April 10 last year cluminating in Kilmartin confronting his neighbour about loud noises.
They argued from their balconies before agreeing to meet on the footpath. Kilmartin arrived armed with a metal bar.
“The complainant, unarmed, asked the defendant to drop the pole, the defendant declined, he approached him, raised the pole and struck him in the forehead once,” the prosecutor said.
Judge Jennifer Rosengren said she would have jailed Kilmartin wereit not for his mental health issues.
He was sentenced to a two year probation order.
WILLIAM GEORGE HENDLE, TARA
Hendle attacked his neighbour and her friend with rocks and a metal pole, Dalby District Court heard last year.
A jury found him guilty of four counts of assault occasioning bodily harm while armed but not guilty of wilful damage.
The jury was shown photos and video of injuries sustained by two neighbours after Hendle assaulted them.
One neighbour said she often copped abuse from him about her driveway being on his property and on the day of the assault Hendle yelled “get off my land, I’ll get you off one way or another”.
His barrister told the court Hendle was provoked by the neighbours, saying they brandished a knife and a pistol on him on the day of the attack, in 2020.
The court was told Hendle previously threw rocks at one of the neighbour’s ute.
Judge Amanda McDonell said he was on a suspended sentence at the time.
She sentenced him to 22 months’ jail.
JAMES EVAN OWEN
Owen was sentenced in January for using a sword to threaten neighbours and then creating a sticky situation for police during his arrest.
The prosecutor told Townsville District Court a neighbour threatened to call police in 2020 after Owen kept swearing and creating a disturbance.
“(Owen) yelled back and said he was going to cut his head off and slice him up,” the court heard.
He then armed himself with a samurai and continued to threaten the neighbour from a footpath.
When police arrived at his home they found him naked and squatting on the ground before he defecated. They found other swords as well as the samurai weapon.
Judge John Coker sentenced Owen, who pleaded guilty to unlawful stalking, carrying a weapon, threatening violence and obstructing police to 18 months’ jail, with a parole release in February.
NO CONVICTION RECORDED
ZOE ANNE GOODING, TOWNSVILLE
Gooding was ordered last June to pay $280,000 damages a couple who abandoned their dream to be foster parents after Gooding called them paedophiles in a Facebook post.
The damages included $15,000 to one of the neighbours after she ran over him in her car when he sued Gooding, leaving him with a broken ribs.
Gooding posted on a crime alert group that a northern beaches suburb was a “paedophile street”.
She and her neighbours lived in a quiet cul-de-sac where everyone knew each other and there were often community parties.
She made things worse by falsely claiming her Facebook account had been hacked.
District Court Judge John Coker said the couple faced significant repercussions from the false post.
CALEB GLENN DAVENPORT-RYAN, LOGAN
A driveway dispute between two Logan neighbours ended with Davenport-Ryan, 19, pleaded guilty in Beenleigh Magistrates Court last December to assault occasioning bodily harm.
The court heard that during the dispute last September, his elderly neighbour pulled Davenport-Ryan’s friend out of a car.
Davenport-Ryan then punched him in the head, but no serious injury was caused.
Magistrate Patrina Clohessy said his reaction was over the top and any form of violence was unacceptable.
“You used excessive force, it was disproportionate but I accept your genuine remorse,” she said.
“You are still only young and can put this behind you.”
Davenport-Ryan was sentenced to an $800, 12-month recognisance order.
No conviction was recorded.
NATHAN ALLAN KLEMM, LOGAN
A bizarre dispute between Logan neighbours ended in an offensive naked act by Klemm, 44, who was also found drunk driving by police.
He pleaded guilty in Beenleigh Magistrates Court in January to wilful exposure, drunk driving, two counts of evasion and public nuisance.
The court heard that on May 6 last year Klemm pulled down his pants and exposed himself to a Browns Plains neighbour who was loud and frequently had guests over until late at night.
Klemm’s lawyer said his client spiralled out of control and was heavily intoxicated during the time of the evasion offences.
Klemm was sentenced to 18 months probation, his driving licence was disqualified for five years and he was fined $17,300.
TYLER JESSE-LEE WOLFF, LOGAN
A war between Logan neighbours got out of hand when bricks were used as weapons and punches were thrown, knocking one man out, Beenleigh Magistrates Court heard earlier this month.
Wolff had an ongoing feud with his Eagleby neighbours and got into a fight on November 25 last year during which one neighbour stood with his fists in the air, daring him to have a go at him.
The court heard Wolff then threw a brick at the man, which missed.
Another man threw a punch at Wolff that did not land and Wolff retaliated by punching him back.
He fell to the ground and lost consciousness but Wolff continued assaulting him while he was on the ground.
Wolff pleaded guilty to two counts of assault occasioning bodily harm and one count of going armed so as to cause fear.
Magistrate Shane Elliott said Wolff had no criminal history and there was an element of self defence. He was sentenced to a 12-month probation order.
EDER TSANG, BRISBANE
Tsang falsely accused his neighbour of sexually harassing his wife in a letter he sent to nearby residents in May 2015, the Court of Appeal heard last year.
“She was working in the front garden. He just suddenly appeared and took photos. She was in a short skirt, chased him to his driveway and asked for the photos back,’’ the court judgment read.
The letter also claimed Tsang’s front fence and the foundations had been damaged.
The neighbour took legal action in the Brisbane Magistrates Court, alleging the letter was false and defamatory of him.
Tsang argued his neighbour was not identified in the letter or capable of being identified, but in October 2021 Acting Magistrate Robert Turra awarded the neighbour $30,000.
Tsang’s appeal in the Brisbane District Court was dismissed in June, 2022.
He challenged the ruling in the Supreme Court but the Court of Appeal dismissed it.
ZAYDAN BYGATE, CHINCHILLA
What started as a family barbecue in a Western Downs backyard ended with an elderly man being punched in the face and multiple neighbours having weapons pointed in their direction with threats being made to kill them.
Zaydan Bygate appeared in Chinchilla Magistrates Court in December after the argument with people at the barbecue in Miles.
A police prosecutor said the 18-year-old was drinking at the gathering before a fight exploded and the young man left while continuing to yell.
“Get f--ked, I know bikers,’’ the court was told he yelled. He also told a man at the barbecue, aged 66, “who are you looking at you old geriatric c--t?”
He then grabbed a knife and walked towards his neighbours, stabbed it into a bin before returning with what appeared to be a pistol, the prosecutor said. It turned out to be a gel blaster.
Acting magistrate Andrew Walker said he believed no conviction should be recorded due to Bygate’s young age and lack of criminal history.
Bygate pleaded guilty to serious assault of a person over 60, going armed to cause fear, public nuisance, trespass, obstruction of a police officer and possessing drug-related utensils.
He was sentenced to 18 months’ probation.
ANDREW MARK SKYRME, GOLD COAST
Skyrme knocked out his neighbour’s dentures during an argument he blamed on poor health and a noisy tradie neighbour at a Runaway Bay unit complex, Southport Magistrates Court heard.
On May 29 a tradie began water blasting a neighbour’s roof and Skyrme started yelling and swearing at him before trying to turn off the equipment.
He then argued with the neighbour over their shared fence and when the neighbour came within centimetres of his face Skyrme shoved him back and said “Get out of my face or I’ll knock you the f**k out”.
Skyrme hit his neighbour in the head, knocking out his dental bridge and cracking a tooth, which cost $2705 to fix.
Skyrme, whom the court heard was not in good health at the time and sleeping poorly, pleaded guilty to assault occasioning bodily harm.
He was fined $400 and ordered to pay $2705 restitution.
MARGARET BIDDLE, TOWNSVILLE
Biddle attacked her neighbour with a golf club over a fallen palm frond after 23 years of bad blood between the pair.
Biddle, 54, pleaded guilty in Townsville Magistrate’s Court last year to assault occasioning bodily harm.
The prosecutor said Biddle’s neighbour retrieved a fallen palm frond from her property and placed it in Biddle’s bin.
Biddle then appeared with a golf club and jumped over the fence and confronted her neighbour, swinging the club.
She missed before hitting his elbow as he tried ot shield himself.
She later told police “he’s black and therefore above the law’’.
Magistrate Susan Warrington said Biddle had overreacted very badly. She fined her $2000 and ordered she pay $500 compensation.
ELIZABETH ANNE SHEEAN, CAIRNS
The Clifton Beach woman hung a bucket of rotting fish near her neighbours’ kitchen window in actions “unlike anything” seen by a seasoned magistrate, Cairns Magistrates Court heard.
Sheean, 66, pleaded guilty to the stalking and common assault of her two neighbours over 14 months from August, 2021 to October, 2022.
The dispute stemmed from her claims of excessive noise and problems with their pet cat.
After the rotting fish incident, she placed an image of an “evil nun” from the movie The Conjuring on a window facing the couple’s house — for over a year until one week before her first court appearance.
“She knew my wife was religious and would be very upset by this. She had been calling us evil for quite some time,” the neighbour said.
The court heard she once hit a phone out of the hand of one of the neighbours and told them she wished they would die of cancer.
Magistrate Kevin Priestly said he found her conduct “self-righteous” and “lacking insight”.
He sentenced her to three years’ probation and ordered she have no contact with the neighbours.
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