A Sydney millionaire couple, Paul and Lisa Fiani, have lost a legal dispute with their neighbor over three hedges that they claimed were obstructing views of the harbor from their multimillion-dollar home. The couple, who reside on Victoria Road in Bellevue Hill, one of Sydney's most exclusive streets, argued that the hedges on Penelope Kontopos' property had a "severe impact" on their views, particularly from their upstairs living area, verandah, and bathroom.
The Fianis sought court orders to have two of the hedges pruned and a Leyland Cypress hedge removed entirely, asserting that these measures would also improve sunlight on their property. The case was brought under the Trees (Disputes Between Neighbours) Act 2006.
However, NSW Land and Environment Court Acting Commissioner Tim Entwistle dismissed the application after an on-site inspection. In his judgment, Entwistle stated, "The applicants argued that the two hedges had previously been allowed to reach a height where they cause severe impact on their views, and that this level of impact is likely to reoccur." He assessed the loss of view as "minor or moderate, rather than severe or devastating."
Kontopos committed to maintaining the hedges by pruning them at least twice a year, with a gardening contractor conducting quarterly inspections. She reaffirmed this undertaking during the court hearing.
"I note too that the respondent’s commitment in writing and verbally at the hearing to prune the hedges to their current height at least two times a year, with quarterly inspections by their gardening contractor," Entwistle noted. "This, in my view, would be sufficient to not only avoid the impact on the views of concern becoming serious, but to keep any impacts to at worst to a minor or moderate level for a period of a few months."
Entwistle added that the Fianis could reapply to the court if Kontopos failed to honor her commitment to maintain the hedges.
Kontopos purchased the mansion, a three-level residence built in 1919, for $55.2 million in 2022. The property neighbors the estate of News Corp co-chairman Lachlan Murdoch and his wife, Sarah.