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Bill was a successful professional musician who, on turning fifty, decided it was time to retire from touring and settle down. Bill came across the

Bill was a successful professional musician who, on turning fifty, decided it was time to retire from touring and settle down. Bill came across the small town of Katherine, NT and fell in love with it. He bought a quirky building on the edge of town, and began planning to build his dream, a pub called 'Rocka-Billys'.

Bill's neighbours were less than impressed. Peter, the old grouch who lived next door, immediately complained about the loud noise caused by the construction. He wrote an angry letter to the town council about 'self-entitled out-of-towners', the banging and crashing, and how the noise upset his prize pigeons who were not breeding. Herbert, who owned an art gallery opposite 'Rocka-Billys', became concerned that the new business would change the feel of the neighbourhood and drive his customers away.

Peter and Herbert resolved to oppose Bill's applications for planning and licensing approval. They submitted their submissions in opposition, but both applications were granted. Reasons for the approvals included that the application was supported by the local council, the use was appropriate for the location, and that there was minimal opposition which could be dealt with by suitable conditions in the license.

Rocka-Billys opened in early July, and was an immediate success. Patrons have travelled from all around the region to enjoy the live music and the pub has become an important social hub for a wide area. Bill has ensured that he has complied with the conditions of his licence, including stopping live music by 11pm (Thursday to Saturday) and 8pm (Sunday). Only recorded music is played on other days. It was common for patrons to make a great deal of noise, as they cheered on the bands, watched sporting events and as they left Rocka-Billys.

In August, Sandra moved into a house 20m from Rocka-Billys. Sandra had recently moved to Katherine, and had no prior dealings in the area. She rented the house without personally inspecting it, having relied upon professional real estate agents who focused on the high quality of the home in a real estate market with limited availability. Sandra has been distressed by the loud noise emanating from Rocka-Billys, as she is a light sleeper, and is normally in bed by 8pm. She has struggled to sleep and been greatly upset.

Herbert has experienced a drop of 10% in the number of visitors to his gallery since the arrival of Rocka-Billys. Peter's pigeons are breeding again, but Peter himself has suffered upset and distress over the noise and the increased number of "no hopers" in the area.

Over the course of the Dry, Peter became increasingly irate with the racket from next door. Last weekend Peter mowed his lawn, and worked himself into quite the state about the pub. In a fit of rage, he dumped his lawn clippings over the fence into the pub's beer garden. Next day, Bill knocked on Peter's front door to try and make peace with him. Bill tried to be conciliatory, and offered several free meals a week but Peter was in a dark rage. The conversation on the front veranda quickly escalated into a heated argument. When Bill told Peter to 'be reasonable', Peter lifted his walking stick and said with venom 'if I was a younger man, I would beat you to a pulp'. Bill took a step backwards and said 'Settle down, Grandpa'. Peter responded by spitting in Bill's face and shouting 'Stop trespassing'. Bill left the property, leaving the old man steaming.

Please advise over any possible tortious actions available to:

  1. Bill
  2. Peter
  3. Sandra
  4. Herbert

Include a discussion on defences.

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