A neighborhood dispute between two residents of Sydney’s upscale suburbs has reached the NSW Supreme Court following a dispute over a shared terrace. Marie Barter and Joshua Theunissen, neighbors in a prestigious area of Sydney’s lower north shore, found themselves in a legal battle over control and activities on the common terrace located between their harborfront mansions.
The conflict between the two households involved allegations of assault, installation of surveillance cameras, and disputes over items and activities on the terrace. Barter initiated legal action seeking a declaration to gain exclusive possession and control of the terrace, as well as restrictions on Theunissens’ use of the shared space.
In a recent court ruling, Justice Mark Richmond favored Barter by stating that her use of the skylight did not substantially interfere with Theunissens’ rights but deemed the installation of CCTV cameras by both parties as an actionable nuisance. The court decision highlighted the ongoing tensions between the neighbors and the need to establish boundaries in shared spaces.
As legal costs for both parties are yet to be determined, the case sheds light on the complexities that can arise in neighborhood disputes, particularly in affluent areas where property boundaries and shared amenities can lead to conflicts that require legal intervention.
