{"id":593317,"date":"2026-04-08T11:47:12","date_gmt":"2026-04-08T11:47:12","guid":{"rendered":"https:\/\/www.newsbeep.com\/au\/593317\/"},"modified":"2026-04-08T11:47:12","modified_gmt":"2026-04-08T11:47:12","slug":"owner-takes-vendor-and-owner-to-court-over-un-lettable-toorak-home","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/au\/593317\/","title":{"rendered":"Owner takes vendor and owner to court over \u2018un-lettable\u2019 Toorak home"},"content":{"rendered":"<p><img loading=\"lazy\" decoding=\"async\" alt=\"Rachael Ward\" data-testid=\"author-avatar-image\" height=\"64\" src=\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2026\/01\/540a687e77d331a49c3e6a6d8b0fa74e2948b9d663d6ef32cc687266b6743dc9.png\"  width=\"64\" class=\"sc-9a01536c-0 libeSR\"\/>Save<\/p>\n<p class=\"sc-d1b14060-4 JmUoF\">You have reached your maximum number of saved items.<\/p>\n<p>Remove items from your <a href=\"https:\/\/www.theage.com.au\/goodfood\/saved\" class=\"sc-3f16ee48-12 sc-d1b14060-2 jyLmZI iQLtAb\" rel=\"nofollow noopener\" target=\"_blank\">saved list<\/a> to add more.<\/p>\n<p class=\"sc-369d9219-1 bOiPYX\">Save this article for later<\/p>\n<p class=\"sc-369d9219-2 bufJxo\">Add articles to your saved list and come back to them anytime.<\/p>\n<p>Got it<\/p>\n<p>AAA<\/p>\n<p>A stone\u2019s throw from the most expensive house in Toorak stands a white Georgian-style mansion shrouded by a large leafy plane tree.<\/p>\n<p>At first glance, everything seems in order. But the home in question, split down the middle into two separate residences, is divided by more than just common walls and hedges.<\/p>\n<p><img decoding=\"async\" alt=\"The Toorak house at the centre of two legal disputes last sold for $2.7 million.\" loading=\"lazy\" src=\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2026\/04\/fcec8b99c2423dbc684da41b8d710a14c2c87437.jpeg\"  class=\"sc-d34e428-1 ldCIuB\"\/>The Toorak house at the centre of two legal disputes last sold for $2.7 million.Joe Armao<\/p>\n<p>For the second time in a year, the owner of the home on the right has begun legal action over the property \u2013 which was previously declared \u201cun-lettable\u201d by Supreme Court Judge Kerri Judd \u2013 in relation to his neighbour on the left.<\/p>\n<p>Bought in 2020 for $2.7 million in one of the most prized pockets of Toorak, the property has sat empty since 2023 after three lots of tenants moved in and out in quick succession due to what the court found to be \u201csubstantial and unreasonable\u201d noise from neighbour Suzanne Sheppard.<\/p>\n<p>Related Article<a href=\"https:\/\/www.theage.com.au\/property\/news\/melbourne-s-three-most-expensive-suburbs-and-where-to-look-instead-20260325-p5xj3t.html\" tabindex=\"-1\" class=\"sc-cba76dee-0 hdiTqm\" rel=\"nofollow noopener\" target=\"_blank\"><img decoding=\"async\" alt=\"Toorak is Melbourne\u2019s most expensive suburb to buy a house.\" loading=\"lazy\" src=\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2026\/04\/0ab7d2b2c50b4049a4584756d66ec5b7952ce8a2.jpeg\"  class=\"sc-d34e428-1 ioInpc\"\/><\/a><\/p>\n<p>Last year, owner and landlord Daniel Dejanovic successfully sued Sheppard, who lives on the left side of the block, and was awarded $207,774 in damages.<\/p>\n<p>During the eight-day trial, Judd found Sheppard had made noise \u201cfor the purpose of annoyance\u201d and which caused tenants to leave, resulting in Dejanovic losing rental income. This included regularly banging on the shared party wall in the middle of the night, screaming or yelling throughout the day, and playing the radio or television very loudly. The issue stemmed from complaints from Sheppard that the air-conditioning and heating units at Dejanovic\u2019s property were too loud and disruptive.<\/p>\n<p>Though she was banned from banging on the common wall, shouting and playing the radio or television at an \u201cunreasonable volume\u201d, Judd noted at the time that it was \u201cvery clear\u201d Sheppard\u2019s behaviour would continue if the property were re-let.<\/p>\n<p>Now, Dejanovic is suing the former owners of the property, Joshua and Abigail Fayman, for damages, along with their lawyers SBA Law, the real estate agency that sold him the property (RT Edgar), and the individual real estate agent.<\/p>\n<p>According to a writ filed in the County Court on March 17, Dejanovic claims alleged past behaviour by Sheppard towards a former occupant was not disclosed to him as material facts during the sale.<\/p>\n<p>This was done \u201cwith the intention of inducing Mr Dejanovic to buy the property\u201d, the documents prepared by Best Hooper Lawyers claim.<\/p>\n<p><img decoding=\"async\" alt=\"The Toorak property split in two is divided by more than common walls and hedges.\" loading=\"lazy\" src=\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2026\/04\/9d854347c8cc77d12639a0752e2bd730cf0a59cb.jpeg\"  class=\"sc-d34e428-1 ldCIuB\"\/>The Toorak property split in two is divided by more than common walls and hedges.Joe Armao<\/p>\n<p>\u201cMr Dejanovic has suffered loss as a result &#8230; for reasons including that he otherwise would not have purchased the property,\u201d the writ states.<\/p>\n<p>\u201cThe loss suffered by Mr Dejanovic includes the difference between the price he paid for the property and its true value at acquisition.\u201d<\/p>\n<p>Related Article<a href=\"https:\/\/www.theage.com.au\/politics\/victoria\/another-burden-fierce-backlash-over-inner-city-parking-shake-up-20260129-p5ny11.html\" tabindex=\"-1\" class=\"sc-cba76dee-0 hdiTqm\" rel=\"nofollow noopener\" target=\"_blank\"><img decoding=\"async\" alt=\"Olivia Stiles started a petition highlighting concerns over changes to Stonnington Council parking permits.\" loading=\"lazy\" src=\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2026\/04\/d55d12456fbe9dff5c41d8f0f5df6a5e038cc540.jpeg\"  class=\"sc-d34e428-1 ioInpc\"\/><\/a><\/p>\n<p>The documents claim the Faymans received a discount when they bought the property in 2018, and in 2020 it was advertised as netting rent of up to $1550 per week.<\/p>\n<p>Dejanovic\u2019s house is not currently listed for sale or rent, while Sheppard\u2019s house is listed for sale with a price guide of $2.6 million to 2.8 million.<\/p>\n<p>Sheppard, who is not listed as a defendant in the writ filed on March 17, said she would support the Faymans in the case.<\/p>\n<p>\u201cI\u2019d be happy to come as a witness in any court matter, I\u2019d be very happy. They don\u2019t even have to subpoena me, just tell me when it\u2019s on,\u201d Sheppard said.<\/p>\n<p>She told The Age she was long-frustrated by sound and vibrations caused by the neighbouring property\u2019s air-conditioning and heating unit, and only made noise to have her neighbours cease using it after attempting to make it stop through other avenues. Sheppard said she did not learn that her response was wrong until the trial against her last year.<\/p>\n<p>\u201cI now understand that me banging on the pipes to get the tenants to turn the heating-cooling unit systems off is wrong. You\u2019re not allowed to make a noise to stop a noise,\u201d she said.<\/p>\n<p>Sheppard denied wrongdoing against the owners who had the property before the Faymans.<\/p>\n<p>When contacted by this masthead, Jeremy Fox, of RT Edgar, said the agency had not received a copy of the writ.<\/p>\n<p>\u201cThis is the first I\u2019ve heard of it,\u201d Fox said.<\/p>\n<p>\u201cThis sounds like it\u2019s a dispute between two neighbours, and we\u2019re the third party that\u2019s getting dragged into it.\u201d<\/p>\n<p>The Faymans, SBA Law, the individual real estate agent and Dejanovic\u2019s lawyers were contacted by The Age multiple times for comment.<\/p>\n<p>Start the day with a summary of the day\u2019s most important and interesting stories, analysis and insights. <a class=\"inline-link\" href=\"https:\/\/www.theage.com.au\/newsletter-signup?newsletter=am&amp;utm_source=EditorialArticle&amp;utm_medium=ArticleText&amp;utm_campaign=Newsletters\" rel=\"nofollow noopener\" target=\"_blank\">Sign up for our Morning Edition newsletter<\/a>.<\/p>\n<p>Save<\/p>\n<p class=\"sc-d1b14060-4 JmUoF\">You have reached your maximum number of saved items.<\/p>\n<p>Remove items from your <a href=\"https:\/\/www.theage.com.au\/goodfood\/saved\" class=\"sc-3f16ee48-12 sc-d1b14060-2 jyLmZI iQLtAb\" rel=\"nofollow noopener\" target=\"_blank\">saved list<\/a> to add more.<\/p>\n<p><img decoding=\"async\" alt=\"Rachael Ward\" data-testid=\"author-avatar-image\" height=\"40\" loading=\"lazy\" src=\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2026\/01\/1768361476_288_540a687e77d331a49c3e6a6d8b0fa74e2948b9d663d6ef32cc687266b6743dc9.png\"  width=\"40\" class=\"sc-9a01536c-0 libeSR\"\/><a class=\"sc-cba76dee-0 hdiTqm sc-b5b9fd03-2 jcGta-D\" href=\"https:\/\/www.theage.com.au\/by\/rachael-ward-p538fz\" rel=\"nofollow noopener\" target=\"_blank\">Rachael Ward<\/a> is a journalist in the City team at The Age. Contact her at rachael.ward@theage.com.auConnect via <a class=\"sc-cba76dee-0 hdiTqm sc-b5b9fd03-5 czsZcI\" href=\"https:\/\/www.theage.com.au\/politics\/victoria\/mailto:rachael.ward@nine.com.au\" rel=\"nofollow noopener\" target=\"_blank\">email<\/a>.From our partners<\/p>\n","protected":false},"excerpt":{"rendered":"Save You have reached your maximum number of saved items. Remove items from your saved list to add&hellip;\n","protected":false},"author":2,"featured_media":593318,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[64,63,44],"class_list":["post-593317","post","type-post","status-publish","format-standard","has-post-thumbnail","category-australia","tag-au","tag-australia","tag-news"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts\/593317","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/comments?post=593317"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts\/593317\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/media\/593318"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/media?parent=593317"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/categories?post=593317"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/tags?post=593317"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}