A WA mining entrepreneur fighting the Raffles Hotel bar for allegedly playing music too loudly has failed to have it shut over summer until his case can be heard.

The Supreme Court this week dismissed an application by Derek Noel Ammon for an interlocutory injunction that would have closed the Raffles’ outdoor beer garden until a final hearing, which is expected to be in February.

Mr Ammon is taking the owner of the Applecross tavern, Colonial Leisure Group, to court for allegedly breaching noise limits.

The Perth geologist lives in one of the luxury apartments beside the Raffles and claims “unreasonably loud” music is affecting his health and comfort. He wants the internal bar and beer garden shut permanently and unspecified damages from Colonial.

Colonial national operations manager Grady Patching welcomed the court’s decision.

“Raffles is a West Australian icon with a long and colourful history that is important to the local and broader community,” he said.

“Colonial Leisure Group welcomes the court’s ruling ... to dismiss this ... application for an injunction, which would have, if upheld, imposed unreasonable restrictions on the operation of this much-loved and historic Perth hotel.

Colonial Leisure Group is proud of its track record of restoring and operating important historic establishments that are safe, fun and that positively contribute to the cultural landscape of the places they are located.”

Mr Ammon declined to comment. He has lived in his apartment since 2009. In his writ of summons, he claimed Colonial had “directed and allowed” employees to play loud music in breach of allowable noise limits since “at least 2014”.

As a result, he had suffered “unreasonable interference to his health, comfort and amenity”.

Mr Ammon is known in business circles for having founded Pilbara exploration company Iron Ore Holdings.

This is not Mr Ammon’s first high-profile court case. In 2007, he lost a Supreme Court case against Consolidated Minerals over a Pilbara iron ore deposit.