Millionaire’s court battle over palm trees
Two millionaires in one of Sydney’s wealthiest suburb have been locked in a court battle over palm trees, obstructing one of the homeowner’s exclusive harbour views.
A harbourfront property owner has failed in a court bid to force his neighbour to remove palm trees, which he claims blocks his exclusive waterfront views.
Former Allianz chairman John Curtis took his neighbour businessman Winardi Pranatajaya to the NSW Land and Environment Court this month over the palm trees, which he claims are obstructing the harbour views he has “enjoyed since purchasing his property in 1993”.
Mr Curtis told the court the palms were in breach of an agreement listed on the property title, which restricts the height of items on Mr Pranatajaya’s property.
However, Acting Commissioner David Galwey ruled against Mr Curtis, saying the palms did not “severely obstruct” his view, however, were important in maintaining Mr Pranatajaya’s privacy.
“Even from the ground floor areas, including the patio, the palms do not severely obstruct a view,” Mr Galwey said in his decision handed down on December 23.
“Narrow views to water between the fig trees, maintained by Council, remain in places. I consider the view obstruction caused by the palms is moderate from the patio and minor from other locations.”
Under the Trees Disputes Between Neighbours Act, the court can order the removal or pruning of trees, however, they must be severely restricting sunlight or views to qualify.
The neighbour must also make all reasonable efforts to come to a conclusion before taking the matter to court.
He said reasons to “avoid interfering with the trees” outweighed Mr Curtis’ desire to preserve his view.
“The trees contribute to the landscape value of Mr Pranatajaya’s property,” Mr Galwey said.
“They may have once provided some screening for privacy, preventing overlooking into Mr Pranatajaya’s windows from Mr Curtis’ property, but their fronds are now mostly above those sightlines.”
Mr Galwey said he hoped the parties could come to a “suitable resolution” with the court recommending the palms be replaced with bamboo that could be maintained at an ideal height.
Mr Curtis purchased the three-storey sandstone home in 1993 for $1.62 million.
The five-bedroom home was originally built in 1856 and features a grand drawing room, formal dining room as well as a swimming pool overlooking the harbour.
The house is now estimated to be worth more than $20 million.
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