Perth neighbors’ seven-year battle over a 90mm brick wall and leaves falling into a pool

Two families in one of Australia’s most affluent suburbs are embroiled in a series of bitter court battles over a brick fence, sand left after a house was built and leaves reportedly falling into a pond.

Anthony and Maria Priolo have lodged a number of complaints about the way their neighbors’ home on Viking Road in leafy and normally quiet Dalkeith was built, before the Supreme Court of Western Australia.

The Priolos accused Yen Thi Tran and Khanh Nguyen of “harassment, negligence and trespassing” on a house construction that began in 2015.

The trouble began shortly after the two neighbors bought properties next to each other in 2013.

Anthony and Maria Priolo filed complaints about how their neighbors' home on Viking Road in the leafy and normally quiet Perth suburb of Dalkeith was built, before the WA Supreme Court (pictured the Priolo's home).

Anthony and Maria Priolo filed complaints about how their neighbors’ home on Viking Road in the leafy and normally quiet Perth suburb of Dalkeith was built, before the WA Supreme Court (pictured the Priolo’s home).

They alleged

They alleged “harassment, negligence and trespassing” in the construction of the neighboring house, owned by Yen Thi Tran and Khanh Nguyen, which began in 2015

The Priolos bought a four-bedroom, four-bathroom mansion on Viking Road for $4.5 million that same year, when Ms. Tran and Mr. Nguyen bought the block next door for $2.15 million.

Mr Nguyen, a registered contractor, had his companies Civcon and Nonnii Constructions build his own home on the site.

Both companies have been targeted in the Priolo lawsuits for court orders and damages.

Seven years later, WA Supreme Court Master Craig Sanderson warned that their ongoing court battles would be “protracted, bitter and costly”.

“Unfortunately, not all neighbors understand each other,” he wrote in a summary of the facts.

He found the same neighbors are embroiled in another court battle, in Perth Magistrates Court, where the Priolos allege leaves fell into their pool.

Sometimes the “mutual dislike” between neighbors was so great that “disputes spilled over into court,” wrote Master Sanderson.

“That seems to be more common in Germany [Perth’s] western suburbs.

“Perhaps this is because the people concerned have sufficient resources.”

The Priolos requested an injunction requiring Ms. Tran and Mr. Nguyen to remove sand and building materials left on their land, or an order for them to build a new retaining wall between the two properties.

The Priolos were unhappy with the construction of their neighbor's house and want to build a new retaining wall between the properties (pictured the adjoining houses of Perth's warring neighbors)

The Priolos were unhappy with the construction of their neighbor’s house and want to build a new retaining wall between the properties (pictured the adjoining houses of Perth’s warring neighbors)

Mr Nguyen, a registered contractor, had his companies Civcon and Nonnii Constructions build his own home on the site

Mr Nguyen, a registered contractor, had his companies Civcon and Nonnii Constructions build his own home on the site

A 90 millimeter wide brick wall separated the apartments after the construction work.

The Priolos Complaint sought unspecified damages.

Disputed was the court order, which was issued on May 28, 2021, but was served on only three of the four defendants the day before it expired on May 27, 2022.

As Mrs. Tran was in Victoria on a business trip, the Priolos ran out of time to serve the writ on her and she had authorized no one to receive it on her behalf.

The injunction was extended by the Supreme Court but challenged.

Master Sanderson denied the request for an extension of the injunction.

“Really, this is a case where the plaintiffs who chose to live by the sword will die by the sword,” he wrote.

“The interests of the judiciary simply do not justify granting the extension and the ex parte orders are being overturned.”

At the time of publication, Mr Nguyen and Ms Tran had not filed a defense in the court case.

https://www.dailymail.co.uk/news/article-11166993/Perth-neighbours-seven-year-battle-90mm-brick-wall-leaves-dropping-pool.html?ns_mchannel=rss&ns_campaign=1490&ito=1490 Perth neighbors’ seven-year battle over a 90mm brick wall and leaves falling into a pool

Bradford Betz

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