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Yet another blow for the uber-wealthy owner of $26million Sydney mansion that sparked a years-long legal feud
Yet another blow for the uber-wealthy owner of $26million Sydney mansion that sparked a years-long legal feud

Daily Mail​

time09-07-2025

  • Business
  • Daily Mail​

Yet another blow for the uber-wealthy owner of $26million Sydney mansion that sparked a years-long legal feud

An estranged member of a prominent Sydney family has lost a years-long court battle with his neighbour over the garage of his $26million mansion. The opulent, Spanish-style home on Tivoli Avenue in Rose Bay, known as Villa Biscaya, has featured on Married At First Sight, The Bachelor and The Voice. But more recently, it has been the subject of multiple legal feuds involving its owner, David Waterhouse, an estranged member of the Waterhouse bookmaker family. Mr Waterhouse sold the property in 2023 for $26million to Aston Martin-driving investment banker Michael Rothner, of private equity firm Ashe Morgan. Mr Rothner moved into the property in January, but settlement has not concluded. It was a tidy profit for the ex-bookmaker, who purchased the home for $10.5million in 2020, pocketing more than double what he paid for it. For all the tranquility the harbourside mansion may offer, it continues to be tainted by an ongoing legal battle relating to Mr Waterhouse's plans to transform its street-level garage into a 'self-contained dwelling'. Mr Waterhouse sought to modify a development approval obtained by a previous owner in 2007 for works to the garage which were ultimately not carried out. Woollahra Council approved the application but things took a turn when the owner of a neighbouring property, Mincong Huang, opposed the proposal. His lawyer Graham McKee wrote to the council, arguing the new works were substantially different to those sanctioned by the initial development approval. He claimed the new works would increase the 'apparent visual bulk and locate more of the development hard of the boundary of our client's property'. The lengthy legal battle concluded on Friday, when Justice Sarah Pritchard of the Land and Environment Court ruled the works could not proceed. Justice Pritchard decided the 2007 development approval could not be relied upon by Mr Waterhouse as it had lapsed in June 2012. While the decision may have brought closure to the feuding millionaires, it's only the latest in a string of legal challenges pertaining to the block. Last year, Mr Waterhouse launched proceedings against Mr Rothner's ex-wife who he accused of cutting down trees on a neighbouring property. Both Mr Rothner and his ex-wife have denied the claims. Mr Rothner is countersuing and seeking damages, accusing Mr Waterhouse of refusing to sign off on development applications he claims have delayed renovations. The matter is listed for a directions hearing before Justice Pike of the Supreme Court on July 18. In 2019, Mr Waterhouse feuded with his neighbours at a $3.5million apartment in Darling Point, arguing their 'yapping' cavoodle, Fifi, was defecating on the harbourfront lawn. His neighbour, Fay Cohen, the wife of master magician 'Black Jack' Garry Cohen, applied for an apprehended violence order against Mr Waterhouse. The AVO was dismissed by a magistrate in September 2019. Two years before that, he lost a separate court battle over the height of trees planted at the colonial-era manor in Elizabeth Bay he shared with his then-wife, Janette. Mr Waterhouse agreed to trim the cypress trees to within 40cm of the garage roof's height after his neighbour insisted her view of the harbour had been impacted. Acting Commissioner of the Land and Environment Court David Galwey sided with the neighbour, ruling the tree needed to be pruned at least once a year.

Legal row erupts over $26 million Sydney MAFS mansion
Legal row erupts over $26 million Sydney MAFS mansion

News.com.au

time07-07-2025

  • Business
  • News.com.au

Legal row erupts over $26 million Sydney MAFS mansion

A legal row between multiple millionaires has erupted over the garage of a $28 million home in Sydney's eastern suburbs. David Waterhouse, an estranged member of the famous Australian horse racing dynasty, had plans to develop his garage into a 'self-contained dwelling' but had his plans shot down last week in the NSW Land and Environment after major pushback from his neighbours. The harbourside pink Spanish-style mansion, known as Villa Biscaya, sits on Tivoli Avenue in Rose Bay and has been featured on Married at First Sight, The Bachelor and The Voice. In 2007, a development application made by the former owners of Villa Biscaya was granted by Woollahra Council for 'alterations and additions' to be made to the garage. The works did not go ahead. However, in 2023, Mr Waterhouse decided he wanted the alterations to go ahead, submitting a modification to the originally approved application to the council, which was approved. Next-door neighbour Mr Mincong Huang took Mr Waterhouse to court as a result, arguing the new works were substantially different to those approved in 2007. The court heard how in December 2023, Mr Huang's lawyer Graham McKee wrote to council, noting that the amended plans increased the 'apparent visual bulk and locate[d] more of the development hard of the boundary of our client's property'. He also noted that 'the original consent was qualitatively and quantitatively different to the original development consent'. Mr Huang submitted to the court that the new application included 'the presence of a kitchen and bathroom' which was 'completely different' to the originally approved proposal, labelling it 'modification creep'. Justice Sarah Pritchard ruled that the development consent in 2007 could not be relied upon by Mr Waterhouse and declared it had formally lapsed in June 2012. Mr Waterhouse has sold Villa Biscaya to investment banker Michael Rothner, with the settlement to be concluded at the end of July. Mr Rothner moved into the property in January. However, the two men have been embroiled in their legal tussle with Mr Waterhouse accusing Mr Rothner's wife of cutting down trees on Mr Huang's neighbouring property. The Rothners have denied cutting down the trees.

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