The neighbour – who Lawyers Weekly has opted not to name – launched proceedings against Ms Hutley after she approached A Current Affair and claimed her “family [had been put] through hell”. The court heard Ms Hutley and her family had been locked in an acrimonious dispute with the neighbour since his family bought the house in 2013. 

“This is a petty, neighbourhood squabble essentially caused by the arrogance and the feeling of superiority of the defendant which does not amount to any matter relating to public interest,” Justice Rothman said. “Not every crime is a matter of public interest.”

The drawn-out dispute involved court cases and mutual applications for Apprehended Violence Orders (AVOs). When the broadcast aired – by a program labelled “sensationalist” – the neighbour had pleaded to malicious damage for spraying expanding foam into her vent on the property. He was also found to have lied to police about the foam. 

However, while Justice Rothman noted the neighbour had pleaded guilty, he found the chief antagonist in the dispute was actually Ms Hutley. Justice Rothman said that any retaliation from the neighbour would have been “reactionary” and “did not insult her”.  

“After the publication and broadcast the reputation of the plaintiff suffered dramatically. He was shunned. It hurt his feelings and it caused him embarrassment and avoidance of more public events. His level of hurt and upset is a subject of evidence beyond that to which [the neighbour] himself attests,” Justice Rothman said in his judgement. 

Justice Rothman also noted that Ms Hutley approached the program and “agitated for the broadcast” to the point where she threatened to go to another station if the program was not interested, which “discloses malice and shows the motive of the defendant”. 

In another incident, the neighbour’s labourer Maurice Cornielje gave evidence that he was verbally abused by Ms Hutley from “day one”, including suggestions that he “didn’t belong [there]” because he and his team were “foreigners”. At some point, Mr Cornielje accused her of being a “bigot” to which she replied, “you can’t even spell the word”. 

VIEW ALL

Ms Hutley’s son, spurred on by her actions, also “[threw] in his own comments” which Mr Cornielje alleged was “telling us to leave and get out of – you know, get out of the country, which was, I just thought absurd”. Her son would comment most days. 

Justice Rothman said Mr Cornielje’s evidence was “utterly believable”, adding that he gave evidence of continuing abuse on a constant basis “every other day”. The Justice said he found Mr Cornielje to be an “honest, reliable witness”. 

Ms Hutley is to pay the neighbour $300,000 plus interest in the order of $60,000. She was also ordered to pay costs. The neighbour did not sue A Current Affair. 

This judgement can be read on Austlii: Cosco v Hutley (No 2) NSW 893 (13 July 2020)

***

Voting is now open for The Lawyers Weekly Award, to be presented to one individual for making substantial, consequential achievements in advancing the Australian legal profession since 2000.

Finalists for this prestigious award have been confirmed as those listed below. To vote for your preferred winner, click here. https://www.lawyersweekly.com.au/biglaw/28834-vote-now-for-the-foremost-lawyer-of-the-21st-century

Julian Burnside AO QC (barrister)

Bernard Collaery (barrister, former Attorney-General of the ACT)

Kate Eastman SC (barrister and co-founder, Australian Lawyers for Human Rights)

The Honourable Robert French AC (former chief justice, High Court of Australia)

Sue Kench (global chief executive, King & Wood Mallesons)

The Honourable Chief Justice Susan Kiefel AC (chief justice, High Court of Australia)

The Honourable Michael Kirby AC CMG (former justice, High Court of Australia)

Jane Needham SC (barrister and former president, NSW Bar Association)

Geoffrey Robertson AO QC (barrister)

Professor Gillian Triggs (assistant secretary-general, United Nations and former president, Australian Human Rights Commission)