David Evans tried to stop NBN from emitting electromagnetic radiation on his property but loses his appeal

A man who fought to stop an NBN tower from being built near his Sunshine Coast hinterland home won’t have to pay as much money for the lengthy court battle. Here’s why:

David Evans has lost his appeal to stop a NBN tower being used nearby his Peachester home.

A Peachester man who failed to stop an NBN tower being built near his house because he was fearful of radiation has had his court bill nearly completely erased.

David Evans lost his appeal over a decision made in January 2020 to dismiss his peace and good behaviour order to try to stop NBN from emitting electromagnetic radiation on his property.

Speaking with the Sunshine Coast Daily in 2020, Mr Evans, who said he had been diagnosed with electromagnetic radiation sensitivity, had claimed the emissions from the tower would cause him “agony” and “shut down” his body.

He had argued the emissions would amount to assault occasioning bodily harm and that he felt threatened that the telco would destroy or damage his property.

David Evans has lost his appeal to stop a NBN tower being used nearby his Peachester home.

Mr Evans was initially ordered to pay NBN Co $136,000 in costs, which included the telco’s $80,000 legal fee and $20,000 for experts that had been prepared for the hearing.

Judge Gary Long stated in his appeal judgment on September 16 that he found there was no reason to dismiss the original judgment.

He found the evidence provided by Mr Evans did “not support or provide any basis” to prove the tower would cause any threat or cause bodily harm.

However, Judge Long significantly reduced the money Mr Evans owed to NBN Co, ordering him to pay $1750 instead of the original $136,000.

Judge Long stated while the original costs were “correct”, he said he had ”regard to grounds of special importance and complexity“ within the case and would allow the costs to be reduced to be in accordance with the scale contained in the Justices Regulation 2014.

An NBN Co spokesman said the appeal decision was “welcome”.

“We welcome the decision, which ensures we can continue to make our fixed wireless services available to the local Peachester community,” he said.

Mr Evans was contacted but failed to respond to questions at the time of print.

Originally published as David Evans tried to stop NBN from emitting electromagnetic radiation on his property but loses his appeal