A Sydney businesswoman has won a legal battle against her neighbors who repeatedly blocked the only access to her home. Catherine Coneliano and her husband, Renato Coneliano, the managing director of chemical distribution company Redox, took Emmanuel and Olivera Garcia to the NSW Land and Environment Court over a disputed driveway.
The Conelianos own a $3 million home in Illawong that lacks direct access from a public road. Their sole entry and exit point is a right of carriageway that crosses a portion of the Garcias' neighboring property. This legal right also permits utility services to traverse the Garcias' land.
According to court documents, Ms. Coneliano alleged that the Garcias constructed an unauthorized retaining wall and a metal fence on top of it, narrowing the access route. She claimed the wall exceeded height restrictions, lacked engineering approval, and was built over essential water and electrical services. The Garcias also allegedly obstructed the driveway with parked vehicles, placed rubbish on the easement, and questioned visitors to the Coneliano property.
Ms. Coneliano's lawyers reported that during a site visit in May 2025, the Garcias demanded they leave the right of way. In a separate incident, a surveyor attempting to prepare a report for the court allegedly required police assistance following a dispute at the property.
Justice Richard Beasley ruled in favor of Ms. Coneliano, stating that the Garcias' claims of not being given an opportunity to resolve the dispute were unsubstantiated. The judge found no evidence that the Garcias had meaningfully addressed the concerns raised in three separate letters from Ms. Coneliano's solicitors, describing their inaction as largely ignored until court proceedings began.
"(Ms. Coneliano) was, in my view, forced to commence proceedings to achieve what she had sought to do... She was left with no reasonable alternative but to commence litigation," Justice Beasley wrote in his decision. He declared Ms. Coneliano the "clear winner" and characterized the outcome as an "effective surrender" by the Garcias.
As a result of the ruling, the Garcias are required to remove the encroaching sections of the retaining wall and metal fence and ensure the right of way remains unobstructed. The court also ordered the Garcias to pay Ms. Coneliano's legal costs, estimated at nearly $148,000, though the final amount will be determined through a standard assessment process. The Conelianos also own a $14 million mansion in Whale Beach, Sydney, where they spend their weekends.