After almost 3 years, multiple court dates, a disgraceful police investigation and a concerted negative campaign by the Nine newspapers, acoustic engineer Matthew Palavidis has had his conviction for common assault overturned by Sydney District Court Judge Mark Williams.
The 64-year-old was convicted in Waverley Local Court last year over an incident at Coogee restaurant Mimi’s where a waitress claimed he attempted to undo her top when she served him a “caviar bump” and vodka shots on March 17, 2023.
The woman claimed in evidence that Mr Palavidis pulled a cord on her blouse that caused one of her breasts to become exposed.
Magistrate Michael Barko dismissed a charge of sexual touching without consent on September 2, 2025.
In the District Court on Friday, Judge Mark Williams overturned the common assault conviction.
This came after three people, who were at the table with Mr Palavidis, including two women who had met Mr Palavidis for the first time that day, gave evidence that they did not see him pull the cords on the woman’s blouse or her breast exposed.
Judge Williams also told the court that CCTV footage of the scene did not capture any criminal offence occurring.
Paul McGirr said the case amounted to a “pile on” of the Hemmes empire “using my client as a pawn. There were three witnesses on the same table who said the incident absolutely did not happen.”
“Yet the prosecution waited until the last day of the hearing to call them as witness, but only we demanded they do so,” he said.
In relation to the initial conviction of Mr Palavidis, Mr McGirr said, “His honour in the Local Court was drawing inferences that weren’t available to be drawn. We had a packed restaurant with CCTV and there was not one person who saw it or a single piece of evidence that showed an offence occurring,” he said.
Mr McGirr said Mr Palavidis was exploring his legal options after being “subjected to” negative media coverage and “chased down the street”.
“We are looking to take action against all those publications that have sullied my client’s reputation,” he said.
Mr Palavidis is affectionately known within the Hemmes owned empire as a “whale” given his unrestrained spending at its venues.
The Local Court was told his preferred indulgences include lobster, martinis, Don Julio 1942 tequila and that he was to be given VIP treatment and “strong attentive service”.
CCTV footage of the incident played to the court showed Palavidis reaching to his right.
But the video was inconclusive on whether he had touched the waitress because she was hidden behind a lamp.
The matter will return to court on February 25 for a hearing to decide if the state will cover Mr Palavidis’ legal costs, which are expected to be into six figures.
Matthew Palavidis (left) and Paul McGirr (right)