Neighbours star's AVO nightmare after magistrate’s “wrong” call
Former Neighbours star Madeleine West has won an appeal to overturn an AVO taken out against her on behalf of the father of her ex-husband, celebrity chef Shannon Bennett.
West, 42, was described by a magistrate as “evasive, almost aggressive and frightening” when giving evidence about an altercation involving her ex-husband’s father Benny Clifton Bennet at his son’s Byron Bay home on May 4 2022.
The AVO was granted after the Local Court hearing.
However, West appealed the decision in the NSW District Court after being granted a temporary stay on the two-year order, which bans her from Bennett’s Byron Bay property while her father-in-law comes to visit her children.
Although the Local Court found West had “barged” onto her ex-husband’s property, Judge Jonathan Priestly ruled the magistrate had made a “wrong” decision based on “erroneous finding”.
Judge Priestly found Bennett’s father was acting out of loyalty for his son during the incident.
West’s lawyers amid the appeal argued that the magistrates “erred in finding the fears of the older Mr Bennett were reasonably based”.
They claimed the conduct, taking the surrounding circumstances into consideration “did not amount to harassment”.
The judge said the grandfather’s “fear of harassment” was an outcome of being “distressingly” caught in the middle of a dispute between his son and West.
He admitted to the court that he had spoken to her amicably one day before the alleged “barging”.
Bennett’s father described West as “uncontrollable” and “irrational”, but Judge Priestly said these claims were not supported by CCTV footage.
“I accept that the magistrate was wrong to find that the appellant (West) barged into the property,” he ruled.
“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 found Bennett's father had been “unwittingly involved” by his son and the chances of reoccurring disputes were “negligible”.
“There is no need for the order,” the judge said.
The AVO was dismissed and Judge Priestly called on lawyers to prepare arguments on costs to be heard in July.
West was on Neighbours for six years over two periods of time, from 2000 to 2003 and 2017 to 2020.
She appeared in hundreds of episodes as characters Dee Bliss and then Andrew Somers.
West was hit by a bus while filming for the soap and suffered head injuries which resulted in her having to relearn motor skills.
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