A former Neighbours star has received her bid to overturn an AVO taken out towards her on behalf of the daddy of her ex-husband, celeb chef Shannon Bennett.
Madeleine West, 42, was described by a Justice of the Peace as “evasive, almost aggressive and frightening” when giving proof about an incident involving her ex-husband’s father Benny Clifton Bennett at his son’s Byron Bay house on May 4 final yr.
The apprehended violence order was granted following the Local Court listening to.
But West appealed the choice within the NSW District Court after being granted a short lived keep on the two-year order, which bans her from Bennett’s Byron Bay mansion whereas her father-in-law is visiting her kids.
While the Local Court discovered West had “barged” onto her ex-husband’s property, Judge Jonathan Priestley on Thursday dominated the Magistrate made a “wrong” choice primarily based on “erroneous findings”.
Judge Priestley discovered Mr Bennett’s father was performing out of loyalty for his son in the course of the encounter.
During the attraction, West’s attorneys argued the Justice of the Peace “erred in finding the fears of the older Mr Bennett were reasonably based”.
They claimed the conduct, when seen within the context of the encompassing circumstances, “did not amount to harassment”.
The choose stated the grandfather’s “fear of harassment” was an end result of being “distressingly” caught in the course of a dispute between his son and West.
He admitted to the court docket he had interacted amicably along with her the day earlier than the alleged “barging”.
The older Mr Bennett described West as “uncontrollable” and “irrational”, however Judge Priestley stated these conclusions weren’t supported by CCTV footage.
“I accept that the magistrate was wrong to find that the appellant (West) barged into the property,” he dominated.
“A number of errors of the magistrate have been identified. By basing her decision on those erroneous findings her Honour’s decision is wrong.”
Judge Priestley discovered the older Mr Bennett had been “unwittingly involved” by his son and the possibilities of the occasion reoccurring had been “negligible”.
“There is no need for the order,” the choose stated.
The AVO was dismissed and Judge Priestley requested attorneys to arrange arguments on prices to be heard subsequent month.
West appeared on Neighbours for a complete of six years over two durations, from 2000 to 2003 and 2017 to 2020.
She appeared on tons of of episodes as characters Dee Bliss after which Andrea Somers.
The 42-year-old was hit by a bus whereas filming Neighbours and sustained head accidents which required her to relearn motor expertise.
West was engaged to Shopping for Love co-host Peter Lazer earlier than marrying Shannon Bennett, who was the previous government chef of Melbourne’s Vue de Monde earlier than turning into a MasterChef visitor choose.
Originally printed as Neighbours star Madeleine West overturns AVO after Justice of the Peace’s ‘wrong’ choice
Source: www.dailytelegraph.com.au
