Pool fight: Millionaires’ court case against neighbours in hot water as hearing lags

A multimillionaire’s bid to interrupt his neighbour’s dream pool plans has failed to make headway on its first day in court.

An architect’s rendering of 9 Reading St, Paddington, with large retaining wall and pool

A Brisbane multimillionaire’s bid to interrupt his neighbours’ dream pool plans have been dampened, with his hearing failing to make headway on its first day.

Steven John Baxter, founder of digital signage company Mandoe Media, has taken his Paddington neighbours to court over plans to build retaining walls next to his property to support a swimming pool and outdoor entertaining area.

Barrister Andrew Skoien said Mr Baxter, 48, wasn’t in court to “throw up mud or difficulty for the sake of it” as he sought declarations for orders and enforcement orders relating to works carried out at 9 Reading St.

Judge Nicole Kefford said on Wednesday afternoon she still struggled to understand parts of Mr Baxter’s case after hours of debate.

Within his application, Mr Baxter sought a declaration that works began unlawfully on Anthony Steven Preston and Kylie Anne Preston’s property, which had since been approved by Brisbane City Council.

“How does that sit with your suggestion that the applicant is not here to throw mud for the sake of throwing mud?” Judge Kefford asked Mr Skoien.

Mr Skoien said his client was in court because there were still works that remained above and in the face of his property, including filling and swimming pool works.

An injunction was filed earlier this year on behalf of Mr Baxter citing concerns for the safety of his $8 million home from a retaining wall, earthworks, and construction equipment.

The Prestons and builder Graya Construction, were subsequently ordered by Planning and Environment Court Judge William Everson to temporarily suspend work on the home.

Brisbane City Council barrister Ronald Yuen and defence barrister Susan Hedge, for the Prestons, on Wednesday argued Mr Baxter had not particularised the exact works carried out on his neighbours’ property which he took issue with.

Ms Hedge argued several parts of Mr Baxter’s application could be struck out if Judge Kefford found he had not provided adequate particulars.

It’s expected Mr Skoien will file amendments to his client’s application before the court and the hearing will get under way on Thursday.