An Altona man who punched his neighbour after being charged with playing loud music has taken his fight all the way to the Supreme Court.
In early 2014, Michael and Melinda Gwin, together with their children, moved to Altona.
The plaintiff, Jason Richards, lived nearby in the same street.
The Gwins complained, initially to Mr Richards, then to Victoria Police and Hobsons Bay council, that Mr Richards played music at excessive volume.
In early 2015, Mr Richards was charged and later convicted of four counts of emitting unreasonable noise from his house.
The Magistrates Court of Victoria heard that during an interaction in December 2014, Mr Richards allegedly punched Mr Gwin in the jaw. Mr Richards was charged with assault.
Mr Gwin testified that about 5pm on December 29, 2014, he was walking down his driveway intending to move his car.
He said Mr Richards was walking past and said something before grabbing him by the throat.
Mr Gwin yelled to his wife inside their house to call the police.
He told the court that when Mr Richards “came back at me”, he attempted to knee Mr Richards away to protect himself and Mr Richards then punched him to the face.
After his application for an adjournment was refused, Mr Richards left the hearing.
In his absence, the assault charge was proven and Mr Richards was convicted, given a monetary penalty and ordered to pay costs.
Mr Richards appealed the conviction and fine in the County Court. After the assault charge was proven on appeal, Mr Richards withdrew his appeal against the fine.
He then appealed to the Supreme Court for the order made in the County Court to be quashed.
Supreme Court judge Andrew Keogh this month dismissed Mr Richards’ application for review, concluding that it was “without merit”.
