Barrister ‘bashed’ by lawyer neighbour
A VETERAN Queensland barrister has been given the green light to sue a lawyer who bashed him in an "unprovoked" attack triggered by a noise dispute in a blue-ribbon Brisbane suburb.
Peter Nolan, now 68, claims lawyer and then neighbour Robert Mark Hynes, 50, is liable for damages for breaking his nose, splitting the retina in his left eye, and cutting his face in the attack on August 20, 2016.
Mr Nolan is claiming the serious assault, for which Hynes was convicted last year, has left him with anxiety, depression and PTSD and caused him to lose valuable work opportunities, according to documents filed in the District Court.
Hynes, who sold his Ormond St, Ascot mansion for $3.2 million seven months after the bashing, denies he is liable for Mr Nolan's physical and emotional injuries, arguing Mr Nolan was negligent.
Hynes offered "$nil" to settle the claim for asserted personal injury, in a settlement offer on May 14, court documents state.
In response to legal demands by Hynes' lawyers, Nolan conceded he had been drinking one-and-a-half glasses of wine per hour over a number of hours before the assault at about 10.30pm on a Saturday night.
It began when Mr Nolan, whose yard backed on to Hynes' tennis court, told Hynes' teenage children to keep the noise down.
Hynes crossed into Mr Nolan's property after a verbal altercation, where he pushed the barrister against a wall and punched him in the head four or five times when Mr Nolan fell to the ground and the attack stopped.
"No one talks to my f---ing kids like that," Hynes told Mr Nolan.
Hynes, who is currently listed as a non-practising director of Fortitude Valley-based Hynes Legal, was sentenced to one year's jail, suspended for three years, after he pleaded guilty to the serious assault of a person over 60 years old.
Hynes has agreed to pay for Mr Nolan to consult a psychologist and obtain a treatment plan after expert John Chalk diagnosed him with PTSD in January 2019, court documents state.
On August 1, a District Court deputy registrar ordered that Mr Nolan be given leave of the court to launch his personal injury damages suit.
The case is stayed by the court until Mr Nolan complies with obligations to file more material.