McCusker’s scathing take on Dalkeith verge lawsuit

A Dispute Over Property and Integrity: The McCusker-McGarry Saga

Introduction: A Neighborly Dispute with Far-Reaching Implications

The McCusker-McGarry court case has unfolded as a complex and emotionally charged dispute between neighbors over property damage and accountability. At the heart of the matter is Tonya McCusker, a resident of Perth’s prestigious "millionaires’ row," who expressed deep concerns about the structural integrity of her boundary wall due to earthworks being conducted on the adjacent property owned by Paul and Meredith McGarry. The couple, who have lived interstate and overseas for over two decades, embarked on a project to prepare their site for a five-story mansion. However, the excavation and fill works caused significant disruption to the McCuskers’ property, including cracks in their wall, damage to the footpath, and a ruptured sewage line that flooded their backyard with raw sewage. Tonya’s efforts to address the issue privately were met with apologies from Paul McGarry but no concrete actions, leading her to escalate the matter to the city, with the support of her high-profile neighbors, including media mogul Kerry Stokes and his wife Christine.

The Escalation: A Call for Accountability

Tonya McCusker’s concerns about the safety and security of her property were palpable. She watched from her home office as semi-trailers dumped fill at the McGarry site, observing the growing cracks in her boundary wall. Her attempts to resolve the issue amicably with Paul McGarry were unsuccessful, as his assurances did not translate into tangible solutions. By the following week, the situation had deteriorated further, with raw sewage flowing into the McCuskers’ backyard and damage to the footpath. Despite the severity of the issues, the McCuskers were reluctant to pursue the matter publicly, fearing the negative publicity that could accompany it. Tonya’s husband holds a high-profile job, and the family is acutely aware of the scrutiny that comes with it. "I was concerned about the headlines … ‘Ex-governor’s wife complains about fill,’" she told the court, emphasizing how trivial the issue might seem to the public, despite its significance to her family.

A Private Matter: Avoiding the Spotlight

The McCuskers’ preference for handling the dispute privately was evident throughout the proceedings. They were "very averse" to publicity, and Tonya expressed her discomfort with the idea of their concerns being reduced to a sensationalized headline. This reluctance, however, did not diminish her resolve to hold the McGarrys accountable for the damage caused by their construction work. When questioned about their decision not to raise the matter in a public council meeting, Tonya clarified that her focus was on finding a resolution that would prevent further harm to their property. She also criticized Meredith McGarry’s characterization of a community meeting as an "ambush," dismissing it as "emotional hyperbole" that misrepresented the neighbors’ intentions. According to Tonya, the meeting was anything but confrontational, and the suggestion that the neighbors were "hiding behind bushes with bows and arrows" was an exaggeration that misrepresented the facts.

A Broader Perspective: The High Cost of Justice

Tonya McCusker’s testimony also revealed her frustration with the broader implications of the case. She expressed her disappointment that the matter had escalated to a high-profile court battle, emphasizing that there are "people out there with real grievances in society that do not have the assets to get into this prestigious court." Her remarks underscored the inequities of the legal system, where only those with significant resources can afford to litigate their disputes. Tonya’s sentiment was clear: she did not relish the idea of being part of this court case and believed that the McGarrys should have taken responsibility for the damage caused by their actions. "I felt if I had been responsible for raw sewage flowing into my neighbor’s property [I would have taken responsibility and been apologetic], and I am disappointed this has come to court," she told the court.

The McGarrys’ Defense and the LegalBattle Ahead

The McGarrys, however, have denied any wrongdoing and are now suing councillor Martin Mangano for damages. The lawsuit stems from comments Mangano made at council meetings in 2022, where he alleged that the McGarrys had unlawfully placed dirt on their verge, creating a trip hazard and run-off issues. Mangano has defended his comments, arguing that they were "substantially true." The case has drawn in several prominent residents of "millionaires’ row," including Tonya McCusker, Kerry Stokes, Singaporean businessman Abdul Rahim Valibhoy, and vascular surgeon Dr. Steve Baker, all of whom have been implicated in the dispute. As the legal battle continues, the court will need to determine whether Mangano’s statements were defamatory or whether they constituted a genuine attempt to address a public concern.

The Road Ahead: A Directions Hearing and Beyond

The case is set to return to court for a directions hearing on April 2, marking the next step in what promises to be a protracted and contentious legal process. For the McCuskers, the primary concern remains the integrity of their property and the desire to avoid further publicity. For the McGarrys, the issue is one of reputation and accountability, as they seek to clear their names and hold Mangano responsible for his alleged defamatory remarks. As the case progresses, it will be important for all parties involved to balance their legal obligations with the need to maintain neighborly relations in one of Perth’s most exclusive neighborhoods. Ultimately, the outcome of this case will not only determine the rights and responsibilities of the individuals involved but also set a precedent for how similar disputes are handled in the future.