The Raffles hotel has won its beer garden bust-up with mining millionaire Derek Ammon, who had claimed in a Supreme Court action that his “health and comfort” were being impacted by the loud music drifting from the historic watering hole.

Mr Ammon took his distress to trial in a bid to have tough noise restrictions placed on the beer garden and internal bar and to be paid damages — having at one stage taken his frustrations out by hurling tomatoes at the beer garden.

In a judgment handed down yesterday, Master Craig Sanderson said while he agreed Mr Ammon had been affected by noise, he should have known that he might be when he bought the $2.7 million apartment in 2009.

The ruling is a significant win for the Colonial Leisure Group, who run the Raffles, and other nearby residents who said the hotel nearby enhanced their lives.

During the trial, Mr Ammon claimed the hotel noise “hammering my eardrums” had significantly impacted his life, claiming he would lose the use of most of his apartment because of the noise.

The court heard that Mr Ammon’s anger spilled over into an abusive tirade at the female facilities manager of the strata complex — a recording of which was played in court.

In May 2016, Mr Ammon admitted throwing tomatoes and water bottles towards the sound system in the beer garden.

“On occasions I have not been able to remain calm and have done some silly things, which I later regretted,” he said.

In his ruling, Master Sanderson said he was not persuaded that the noise nuisance to Mr Ammon was “substantial” and “unreasonable”, and also said even if he had he would still not have imposed the restrictions demanded.

“When the plaintiff (Mr Ammon) bought his apartment, he was aware that the Raffles operated as an entertainment venue and had operated in that way for many years,” Master Sanderson ruled.

“He must has been aware that there would be some noise.

“Any hotel plays music.

“To now seek to shut down the operations of that hotel, even to the limited extent now sought, is not in my view appropriate.”