Madeleine West has won her appeal against a domestic violence order issued against her by her ex-partner’s elderly father, celebrity chef Shannon Bennett.
A NSW District Court judge on Thursday overturned an AVO that Benny Clifton Bennett, 75, had previously secured against the former Neighbors star and model over a fiery clash at the chef’s mansion in Byron Bay in May last year.
In his appeal ruling, Judge Jonathan Priestley said certain things about the events that took place that day – when Mr Bennett claimed Madeline ‘burst into’ or ‘forced her way’ into the house – were agreed upon.
At the time, Mr. Bennett was at his son’s waterfront home, while Shannon – famous for his MasterChef guest judge appearances – was overseas.
“It is certain that the grandfather was at the father’s residence in Byron Bay on May 4, 2022 at about 11:10 am,” Judge Priestley recalled.
“About that time the doorbell rang and the grandfather went to answer the door and couldn’t see anyone and opened the gate when (Madeleine West) appeared.
‘(Mr Bennett’s) statement was that she got around the gate and burst in, which was a point of contention.
The ‘toxic’ relationship between Madeleine West and her celebrity chef ex Shannon Bennett (the former couple is pictured in March 2016) was exposed in a NSW District Court verdict
West successfully appealed an AVO taken by police to protect her elderly ex-father-in-law Benny Bennett after saying he was afraid of her
Benny Bennett was babysitting son Shannon’s Byron Bay townhouse when Madeleine West ‘went in’ uninvited
‘(Mr Bennett) said (in his statement) that he asked her what she was doing and she said she had come to (discuss a family matter which cannot be reported for legal reasons).
“The grandfather said he didn’t want a messy scene…” the judge said, before reading further from the statement.
“When asked to describe how (Mrs. West) stormed in, the grandfather said she came straight through the gate.
“He said he said ‘wait at the gate’ and she came straight through and that she just pushed him by pushing his arm out of the way.
“He said he opened the gate because he thought someone was delivering a package and she (West) was inside when he opened the gate.
“He said he told her she couldn’t come in, she said she could and she pushed him aside.
“Significantly, he also said he just wanted to make sure the matter was reported because his son said he would take action.”
Madeleine West (seen near Byron Bay before appearing in court in March) has challenged a two-year AVO that effectively banned her from ex-partner Shannon Bennett’s Byron Bay mansion
West’s lawyer claimed that the reason Shannon Bennett’s 75-year-old father (above, the chef) was because the celebrity had enlisted him as part of the estranged couple’s “ongoing struggle”
Judge Priestley’s verdict detailed what was heard at the Apprehended Violence Order Application in Byron Bay Local Court, which Magistrate Karen Stafford upheld in March and which His Honor dismissed on appeal on Thursday.
West’s lawyer, Andrew Fernon SC, had earlier this month alleged that Ms Stafford had made errors of fact and law in awarding the AVO, and argued that Benny Bennett was not afraid of West.
Mr Fernon argued that Shannon Bennett had pushed his father to lodge a complaint with the police as part of his ‘ongoing battle’ with West.
Judge Priestley said Benny Bennett had testified about text messages from West saying she would arrive at the house at 4:00 pm, to which he replied and asked her to wait.
Mr Bennett’ expressed the opinion that ‘turned her on’ and ‘she became, you know, uncontrollable,’ and had ‘described her as irrational’.
‘These are, of course, conclusions; the evidence of facts supporting them is light and unsupported by the CCTV.”
Benny Bennett “said he never really had a bad word with the mother.”
CCTV from five different cameras placed around Shannon Bennett’s grounds and played in court showed West making her way to the estate and Benny Bennett throwing his hands in the air as she marches into the house.
Judge Priestley said Madeleine West found out that Shannon Bennett was out of town earlier.
When the police asked Mr Bennett if she was afraid of his former daughter-in-law, he replied ‘no I don’t know ahh she never was ahh aggressive or anything like that to me’.
His Honor provided detailed information on Madeleine West’s statement to police, in which she said she learned on May 2 last year that Shannon Bennet had left for the US.
District Attorney Nicola Breward briefly argued earlier this month that Benny Bennett “wasn’t welcome [West] inside… she made the decision to access the door, enters the premises without invitation.
“He’s obviously feeling some kind of stress. He’s elderly and hard of hearing, she showed up unannounced, that’s all,’ she said.
Judge Priestley ordered that a hearing on the payment of costs be held in July.
Shannon Bennett said last year that the love affair between him and Madeleine West was “toxic.”
Shannon Bennett, who rose to fame with MasterChef Australia, revealed in May last year how his and West’s divorce process had “turned love-toxic.”
In 2020, West left Melbourne and moved to Byron Bay to be near her children, purchasing her own $4.6 million mansion in Suffolk Park.
More recently, the actress and podcaster revealed she was a victim of child sexual abuse.
She spoke publicly for the first time about her battle with anorexia, saying the trauma of abuse caused her to become obsessed with looking “perfect” — a task that was both “punishing” and never-ending.
“For any sexually abused person, what happened to them will manifest in their life in self-destructive behavior,” she said earlier this year.
Last year, Shannon Bennett said West saw their children bi-weekly, with them spending the rest of the time with him.
“The kids live with me full time and they visit their mom for a few days every two weeks,” he revealed.