A billionaire neighbor in one of Sydney’s wealthiest suburbs has been dealt a blow after losing a costly court case over six palm trees ruining the view from her $27 million harborside mansion.
Lawyer Georgina Black and her husband, a property executive, live in the trophy home ‘Indah’, which has spectacular views of the Sydney Opera House.
But she has just lost after being defeated in her court appeal by Samira Jeihooni, the wife of property developer Arash Tavakoli.
Rose Bay neighbors clashed after Black complained that Jeihooni had planted six cabbage palm trees on his nearby property in November 2021.
Black and her husband Graham Edwards, boss of British property giant Telereal Trillium, bought their five-bedroom mansion with uninterrupted views of Sydney Harbor in 2015.
Samira Jeihooni, wife of real estate developer Arash Tavakoli, won the court battle
Lawyer Georgina Black and her husband, a property executive, live in the trophy house ‘Indah’ which has spectacular interrupted views (above) of Sydney Harbour.
Black asked the Land and Environment Court to order Jeihooni to remove the cabbage palms, which can grow up to 15m tall.
He said palm trees obstructed the view of the Harbor Bridge and Opera House from his dining room, kitchen and first-floor bedroom.
Mrs Black insisted that Jeihooni should plant a different type of tree that would not grow taller than 8 metres.
His planner claimed in his application that four of his neighbor’s palm trees had a “severe and devastating impact” on his views.
But Jeihooni said the trees helped give him privacy and shaded his yard, pool and house.
Last year, the Land and Environment Court ruled against Ms Black, ruling that the palm trees did not significantly obstruct her view and that since the application was made, Ms Jeihooni had the trees pruned.
Mrs Black appealed the sentence, but it was dismissed and she was ordered to pay costs.
Judge Nicola Pain’s ruling came after both sides hired senior lawyers to face each other at the appeal hearing.
Georgina Black, a lawyer who owns the mansion with her husband, a real estate executive, has just lost a costly appeal to cut down the six palm trees.
Before the trees were planted (above, property plan submitted to the Land and Environment Court), Georgina Black claimed she had spectacular views of the Harbor Bridge and the Opera House from her dining room, kitchen and a first-floor bedroom.
Mr Justice Pain concluded that there had been “no error of law in finding that four palm trees did not form a hedge”.
The decision is a blow to Mrs Black, known as a feisty lawyer in her field, and whose purchase of the magnificent seafront mansion nine years ago was described as a “triumphant return home” from the UK for the former Private Sydney soldier. School girl.
During the lengthy court battle over Ms Black’s opinion, acting Land and Environment Commissioner Lynne Sheridan said Ms Black’s husband had offered to pay for the removal of the palm trees.
But Ms Jeihooni’s husband rejected the proposal, with Ms Sheridan noting that “the nature of the communications between the parties during the hearing convinced me that they were unlikely to reach an agreement”.
To force the Jeihoonis to cut down their palms, the court had to determine that two or more trees formed a hedge and seriously obstructed the view.
Pictured: The view of Sydney Harbor from a bedroom at Mrs Black’s Rose Bay home
While Ms Black’s arborist said the palm trees formed a hedge, Ms Jeihooni’s arborist said they did not and never would as their leaves cannot connect.
Mrs Sheridan, who visited the site, discovered that the palm trees did not form a hedge and gave three reasons in her explanation.
First, he said the trees were not planted close enough together to form a continuous barrier or screen.
“Secondly, it seems unlikely to me that anyone trying to establish a hedge or screen would have planted palm trees which are characterized by a straight, thin trunk with leaves at the top,” said Mrs Sheridan.
“Thirdly, there is no sign that (Ms Jeihooni) ever maintained these trees as a hedge.”
Six palm trees sparked a costly court battle over $27 million harbor views (pictured) in Rose Bay, one of Australia’s wealthiest suburbs.
Black asked the Land and Environment Court to order Jeihooni to remove the cabbage palms, which can grow up to 15 meters (file image)
Sheridan added that the trees did little to obstruct Black’s views.
‘For example, my observations on site were that palm trees obstructed views of Sydney Harbor and Harbor Bridge from several seats at the dining table or from a particular view from the kitchen.
“However, the entirety of the view is preserved, including views of Sydney Harbour, Harbor Bridge and the Opera House from other parts of the dining table, dining room, living room, kitchen, living areas secondary schools and dormitories,” he said.