Dr Ken, 95, is a beloved local war veteran who made a deal to live in his idyllic home for $1 a year until he died. But then a ‘self-serving’ father and son did the unthinkable
A much-loved former GP has won a major court battle against a father and son who cut off his electricity in a bid to force him out of his own home.
Kenneth Doust, 95, sold his rural five-bedroom home to the investment company Riveaux Management Group, run by Timothy Byrne and his son Riley, for $2.2million in December 2020.
His Sunnyside farmhouse boasts more than 180 acres of lush pasture in Central Tilba on NSW’s south coast and was originally built in the 1890s.
It has sweeping views out to the ocean across Tilba Tilba Lake, set against a dramatic backdrop of the imposing Gulaga Mountain.
The sale was negotiated with a licence allowing Dr Doust to continue to live in a section of the property for $1 a year, with the condition that he had to ‘continue to personally reside permanently in the residence’.
If he didn’t, the investment company could serve a termination notice on the licence.
Dr Doust served for six months as a medical doctor during the Vietnam War and had later worked as a doctor at Bathurst Gaol during the infamous riots when prisoners caused $10million worth of damage.
He later became the medical director at Medibank, which later became Medicare, in Canberra before semi-retiring to Narooma where he was a much-loved local figure.
Kenneth Doust (pictured), 95, sold his rural five-bedroom ‘Sunnyside’ property in Central Tilba on NSW ‘s south coast, in December 2020 to an investment company for $2.2million
It appears Dr Doust was able to live in his home while also travelling to a property in nearby Narooma where his disabled wife lived.
But in early August, Dr Doust was sent a three-page ‘notice of termination’ letter.
‘It asserted the plaintiff had deliberately falsely sought to convey that he was living permanently in the house when, in fact, he was living at … a property in town, 15minutes driving time from the house,’ a judgement published by the NSW Supreme Court stated.
The letter branded Dr Doust a trespasser and another letter a month later said he was in breach of the licence by allowing others to stay at the property.
Things escalated last month when the investment company ordered Dr Doust’s electricity to be cut off.
The retired GP rang his energy company but their electrician was denied access to restore the power by the investment firm.
Dr Doust, who has been using a small generator ever since, launched urgent court action to have his power restored and a ruling the licence was not breached.
The NSW Supreme Court ultimately agreed with him, with Justice David Hammerschlag describing Dr Doust in glowing terms as ‘entirely unshaken’.
‘An attack (such as it was) on his credit failed,’ Justice Hammerschlag observed.
‘To my observation, despite his very advanced years, he retains full mental acuity. Plainly, he was a truthful witness.’
By contrast, Judge Hammerschlag gave a scathing assessment of Mr Byrne.
‘Mr Byrne was an unpersuasive, unconvincing, manifestly self-serving and less than frank witness,’ he observed.
The sale was negotiated with a licence entitling Dr Doust to live in a section of the property (pictured) for $1 a year, with the condition he ‘personally reside permanently in the residence’
The farmhouse, was originally built in the 1890s and boasts over 180 acres of pasture with sweeping views out to the ocean across Tilba Tilba lake (pictured)
The court heard that throughout June Mr Byrne and his son conducted ‘seven separate random spot checks on the (Dr Doust’s) overnight habitation patterns’.
On each of the occasions, Dr Doust was apparently living in the property in town with his wife.
Mr Byrne told the court that he visited the home up to 50 times between June and August and only saw Dr Doust there around five times, and claimed neighbours also said he was rarely present.
But Dr Doust said his daughter, who is a registered nurse and the full-time carer of his wife, had gone away in June, which meant he had to spend several nights looking after his wife.
Judge David Hammerschlag described Timothy Byrne (pictured) as a ‘an unpersuasive, unconvincing, manifestly self-serving and less than frank witness’
‘Each day, however, he went back to Sunnyside to attend to his usual tasks, such as reading his emails (his only access to his emails is at the house), to get clothes for the next days and to get food for his dog,’ the judgement noted.
‘He says that, when the carer returned to [his wife’s home], he returned to sleeping at Sunnyside.’
Dr Doust, who was awarded an Order of Australia for services to medicine in 2005, also told the court he was worried the Byrnes might try to block his access to the property by erecting a fence.
‘In all the circumstances, his concern is understandable,’ Judge Hammerschlag observed.
He added: ‘Mr Byrne denied that his intention was to get rid of (Dr Doust). I disbelieve him.’
Judge Hammerschlag said he believed Mr Byrne had tried to ‘entrap’ Dr Doust in order to evict him from the property.
Dr Doust (pictured) served for six months as a medical doctor during the Vietnam war and had later worked as a doctor at Bathurst Gaol during the infamous riots when prisoners caused $10million worth of damage. He later became the medical director at Medibank, which later became Medicare, in Canberra before semi-retiring to Narooma where he was a much-loved local figure
He said he did not believe Mr Byrne’s claim that he was merely trying to ensure compliance with the licence.
‘His motivation was to bring the licence to an end. His stated motivation is inconsistent with his evidence that he did not want to ‘tip’ (Mr Byrne) off,’ Justice Hammerschlag observed.
‘He did not want the plaintiff residing in the house – he wanted him gone.’
The court found Mr Byrne was not entitled to issue the notice of termination to try to evict Dr Doust.
‘I find that the plaintiff was personally residing permanently in the house, Justice Hammerschlag ruled.
‘The requirements of physical presence and an intention to reside there permanently were satisfied.
‘Absence for periods, even long periods, is not necessarily inconsistent with permanent residence.’
Attempts were made to contact Mr Byrne and his son for comment.
