Murdoch v Hadley [2011] NSWLC 11

Local Court New South Wales

Medium Neutral Citation: Murdoch v Hadley [2011] NSWLC 11 Hearing dates: 14-15/02/2011 Decision date: 25 February 2011 Jurisdiction: Civil Before: Magistrate Brown Decision: The application is dismissed. Catchwords: APPREHENDED VIOLENCE ORDERS - application for apprehended personal violence order - defendant had made radio broadcasts concerning plaintiff's past business activities and criminal history - meaning of "harassment" - interaction with law of defamation Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007, ss 4, 7, 8, 10, 19, 41, 48, 99 Cases Cited: Hunt v Watkins [2000] NSWCA 229 Mailman v Ellison (unreported, NSWCA, 25 November 1993) Ryder v Wombwell (1868) LR4Ex 32 Sullivan v Moody [2001] HCA 59 Category: Principal judgment Parties: Matt Murdoch (Plaintiff) Raymond Hadley (Defendant) File Number(s): 2010/265587

JUDGMENT 1This case is an application by Matt Murdoch for an apprehended personal violence order against Raymond Hadley. Whilst the basis for Mr Murdoch's application has never been very clearly enunciated by him, his primary complaint appears to be that Mr Hadley is pursuing a radio broadcast "vendetta" against him because of Mr Murdoch's past failed business dealings and criminal activity, and his repeated desire as to the outcome of these proceedings is that that vendetta should cease. Although the detailed contents of the radio broadcasts in question are not in evidence, there seems to be little doubt that Mr Murdoch's assertion has some foundation. There also seems to be little doubt that many of Mr Hadley's comments about Mr Murdoch are well founded in fact. 2In addition to the broadcasts, Mr Murdoch claims that Mr Hadley made a number of telephone calls to Mr Murdoch himself, his son BM, and father Kevin Mills. It is asserted that those calls were intimidating in nature, with claims that Mr Hadley threatened he would "fix up" Mr Murdoch, or "bring him down" or to "make his life hell". Mr Hadley categorically denied making any of the alleged calls. Other isolated acts of intimidation are also claimed by Mr Murdoch, and denied by Mr Hadley