Driveway court stoush an "unwarranted waste of time": Justice

A DISGRUNTLED Chillingham land-owner who peddled an elaborate conspiracy theory against her neighbours, the Tweed council and the police has been barred from NSW court rooms and ordered to foot a hefty damage bill.

Beverley Viavattene was demanding an extraordinary $100 million in compensation for a bitter neighbourhood stoush she claimed was marred by police corruption and dodgy council deals.

Her colourful dispute with her fellow Numinbah Rd residents burdened the NSW legal system for almost three years and at one point made it all the way to the High Court of Australia.

The saga began when Viavattene objected to the Tweed council's approval of an access driveway which gave her neighbours access to their properties via her gate.

She launched legal action in the Murwillumbah Local Court in September, 2010, but the case was dismissed.

In the years that followed, she appealed to the District and Supreme Courts and most recently the High Court, in an effort to make good her claim that she was entitled to prevent her neighbours from accessing her property and to prove those neighbours and their friends had threatened her family with violence.

She also alleged police and council officers had acted corruptly by failing to recognise her rights.

One of her statement of claims listed the names of five Tweed police officers, the Tweed council and her neighbours as defendants.

On almost every occasion where the courts required her to appear in person, Viavattene was a no-show.

While her attempts to take out apprehended violence orders against her neighbours failed, they were successful in gaining protection from her.

At one point, Viavattene was arrested for breaching an AVO.

Eventually, five volumes of court documents were forwarded to NSW Attorney General Smith who used his power to apply for all proceedings brought by Viavattene in any court or tribunal in NSW to be stayed.

The application was heard in the NSW Supreme Court in March and on Friday Justice J. Fullerton ruled the order was appropriate on the grounds they were "vexatious proceedings".

He said despite Viavattene's persistent claims her neighbours had no right of access over her property there was "unassailable evidence to the contrary".

In his view, Viavattene had shown no appreciation or regard for the well-articulated decisions of former judges, had abused the process of the Supreme and High courts and wasn't concerned by "the unwarranted waste of time and judicial resourced" in pursing the same failed story.

The court heard Viavattene still maintained that despite the disposition of mulitple proceedings, she had a continuing right to protection from the "criminal and civil wrongs to which she had her family had been subjected in the past (and from which they continue to suffer) by her neighbours and the police (with whom her neighbours are in a criminal conspiracy).

She has been ordered to pay all outstanding court costs.



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