Judge lays down law to rich neighbour

THE arrival of new money in Brisbane's most exclusive enclave has led to a costly legal squabble between neighbours, pitting one of Queensland's wealthiest women, Maxine Horne, against Federal Court judge Berna Collier.

THE arrival of new money in Brisbane's most exclusive enclave has led to a costly legal squabble between neighbours, pitting one of Queensland's wealthiest women, Maxine Horne, against Federal Court judge Berna Collier.

At stake are property values, multi-million-dollar views, sun on the backyard pool and polite society harmony.

"A lot of people have disputes with their neighbours and I'm having a dispute with mine," Justice Collier told The Weekend Australian. "I talk to lots of neighbours. The primary issue here is between me and one of my neighbours."

Her husband, Alan Collier, added: "It is unfortunate because it is nothing that we would have wished to occur. There is not quite the same friendliness as used to exist in the area."

On the high side of Hamilton Hill, with its spectacular outlook to the Brisbane River and city high-rises, Ms Horne, 43, is determined to build the dream family home, a sprawling pile that would be more than double the size of the existing historic house, Berrimilla, built circa 1895.

Money is no object. The co-founder and chief operating officer of Australia's biggest mobile phone retailer, Fone Zone, and her partner, chief executive David McMahon, own shares in the publicly listed company worth more than $50 million. They also own a string of commercial properties and a weekender on the Gold Coast.

After Ms Horne parted with more than $5 million to snap up the rundown Berrimilla and an adjoining property, the neighbours were at once curious. But on the lower side of the hill, Justice Collier, 45, an expert in property law, lives in a relatively modest weatherboard house, adjacent to the tennis court and former servants quarters of Ms Horne's intended mansion.

When the Colliers saw signs flagging a major redevelopment of the Horne estate and studied the grand designs, their curiosity turned to alarm.

Freedom of Information searches and other tools of discovery revealed disturbing facts, including a planning officer's finding that on some afternoons in winter, Ms Horne's proposed home would cast the Collier backyard into shadow.

Justice Collier, her solicitor husband and neighbours William and Pamela Sexton will spend tens of thousands of dollars more on top silks and solicitors to take Horne and the Brisbane City Council to Queensland's Planning and Environment Court in a bid to demolish their neighbour's lofty aspirations.

Ms Horne is returning heavy fire, with a legal team led by Peter Lyons, past president of the Queensland Bar Association. So far, Ms Horne, who declined to comment yesterday, appears to be ahead on points although she remains restrained from going ahead with construction.

Neighbours in a street where $1 million will buy little more than a garage space have joined the fray, with Mr Collier's colleague from the Clayton Utz law firm, Jeremy Charlston, expressing concern that his home's views and value will drop.

Other residents are equally appalled by the council's decision to approve Ms Horne's plans.

The legal battles are being hard fought and, Mr Collier warned, would run for a while yet, with expert witnesses extolling wisdom on roof pitches and shade during the winter.

The litigation started months before federal Attorney-General Philip Ruddock elevated Justice Collier, a university professor of commercial law, to the Federal Court bench early this year. Justice Collier did not disclose her court battles at the time, saying this week she did not believe that she needed to.

But earlier this month she was forced to withdraw as the judge hearing an unrelated case involving the Brisbane City Council after its lawyers pointed out her costly action against the council might not inspire confidence.

"It was appropriate to withdraw as a matter of caution," Justice Collier said. "It was my view at the time that having a dispute with my neighbour was not a particular issue that would impinge on the other case."

As for the prospect of friendly chats with Ms Horne over the fence, Justice Collier is keeping her own counsel. But her husband said the dispute, which had been before the courts three times, could go on for some time.