Millionaires in one of Australia’s wealthiest suburbs wage huge legal battle after neighbour whinges palm trees are obstructing his exclusive views
Feuding neighbors in one of Sydney’s wealthiest suburbs have faced court in a dispute over trees blocking multi-million dollar views.
John Curtis, former chairman of Allianz Australia, requested an order via the N.S.W Land and Environment Court for the removal of palm trees from the neighboring garden of Indonesian businessman Winardi Pranatajaya in Darling Point.
In a complaint to the court, Mr Curtis claimed the palm trees blocked the “expansive views” of the Opera House, CBD and Harbor Bridge from the first floor of his home which he bought in 1993.
Acting Commissioner David Galwey of the NSW Land and Environment Court ruled against him, finding the trees ‘did not seriously obstruct the view’.
Mr Galwey told the latest court hearing, which took place on the premises, that the ‘reasons for not interfering with the trees outweigh Mr Curtis’ interest’ in maintaining his position.
‘In my view, the benefits of the trees, particularly their contribution to the amenity of Mr Pranatajaya’s property, outweigh the temporary nature of the obstruction to view that is about to affect Mr Curtis’ property, Mr Galwey said.
Mr Curtis pointed out that the council regularly prunes fig trees on public land along New Beach Road so that they do not block views of the harbour, so trees on private land should also be prevented from blocking sight lines.
Former Allianz Australia chairman John Curtis has filed a court order requiring his neighbor to remove a row of palm trees blocking the view from his Darling Point home
“The tops of the fig trees along New Beach Road are just below the Harbor Bridge and CBD,” Mr Galwey said.
‘According to Mr Curtis, the council is maintaining these trees at a height of 14.2 meters to protect these views for property owners.’
Under the Neighborhood Disputes Act, the judge can order the removal or pruning of trees.
However, the trees must ‘severely’ obstruct sunlight or views and the neighbor must make a ‘reasonable effort’ to reach an agreement before taking the matter to court – which Mr Curtis did.
The law applies to trees planted in a row ‘so that they form a hedge’.
In this case, the court ruled that the palms did not form a hedge and therefore the tree dispute laws did not apply.
The acting commissioner said a photo tendered to the court as part of an arborist report ‘shows the fig trees along New Beach Road behind the palms, with the fig trees visible to the left and right of the palm fronds near the center of the photo’.
Mr Galwey said the fig trees ‘obstructed valued view features including the Harbor Bridge, the Opera House and the CBD.
Mr Curtis claimed the palm trees blocked his “expansive views” from the first floor of his home, including the sails of the Opera House, views of the water, the CBD and the Harbor Bridge.
The court dismissed the order, claiming that the palm trees did not ‘seriously’ obstruct his view and only temporarily obstructed the view of the property.
“Where palm fronds reach above the line of sight to the tops of the figs, they only obscure a small portion of the view of the sky,” he said.
Mr Curtis’s lawyer argued that once the palm trees grew, they would block the view from his first-floor living room and master bedroom.
The acting commissioner accepted the argument, but claimed the obstruction of Curtis’ views would only be “temporary.”
‘[As] These palms grow larger, the visibility obstruction they cause moves upwards, eventually allowing vision beneath their fronds again,” Mr Galwey said.
Mr Curtis’ lawyer also argued that the palm trees violated a height restriction on Mr Pranatajaya’s buildings and decorations.
However, Mr Galwey explained that it was not clear whether trees fell within the definition of ornamentation and said this was not a matter for this proceeding.
He added that although the matter was not resolved and the order was dismissed, the court did not downplay the nature of the dispute.
“The court hopes that the parties will find a way to reach an appropriate resolution,” Gawley said.
Mr Curtis is currently Chairman of Thrive’s Advisory Board and was previously Chairman of St George Bank and Vice Chairman of Westpac Banking Corporation.