A spat over river views between owners of multi-million-dollar houses in Applecross has escalated to the state’s highest court.
A spat over river views between owners of multi-million-dollar houses in Applecross has escalated to the state’s highest court.
Robyn Leuba, of 1 Riverway, has lodged a writ in the Supreme Court of Western Australia naming her neighbours Graeme Ferguson and wife Gabriele Peirson-Jones as defendants.
In the writ obtained by Business News, Ms Leuba sought an injunction to stop Mr Ferguson and Ms Peirson-Jones from developing their 47 Canning Beach Road property with a design that blocks her views.
The existing property at the Canning Beach Road site will be demolished to make way for a three-storey apartment building.
Ms Peirson-Jones, on behalf of Mr Ferguson, allegedly told Ms Leuba that their project would not impact her views of Swan River and Perth city, according to the writ.
RP data shows Ms Leuba bought 1 Riverway in Applecross for $7.2 million in late 2013.
Mr Ferguson bought the 47 Canning Beach Road property for $1.8 million in 2004, according to RP data.
In the writ, Ms Leuba claimed she did not oppose the pair’s application to rezone the Canning Beach Road site, because Mr Ferguson and Ms Peirson-Jones ensured her the redevelopment will not obstruct her views.
“In reliance on the representations, the plaintiff did not object to the application for a development approval to the City of Melville,” according to the writ.
Mr Ferguson received the city’s approval in mid-2024.
Ms Leuba claimed, in the writ, that the proposed redevelopment of the Canning Beach Road property included a shorter setback from what was originally designed and would obstruct her views of the river and city.
Ms Leuba alleged she was never told about the amended design despite relying on the representations that her views would not be impacted.
“The redevelopment of the Canning Beach property in accordance with the amended development design will reduce the value of the Riverway property,” the writ said.
“The first and second defendants have refused to provide the plaintiff with any assurance or undertaking that they will honour the terms of the representations to ensure that the views of the Swan River and the Perth city from the Riverway property will not be obstructed.”
In the writ, Ms Leuba seeks a court declaration that Mr Ferguson and Ms Peirson-Jones stop developing the Canning Beach property in a design that is inconsistent with their representations.
Ms Leuba also seeks a permanent injunction to restrain the pair from departing from what they allegedly told her, or alternatively, equitable compensation to remedy the detriment caused.
Business News has contacted Mr Ferguson and Ms Peirson-Jones for comment.
