Mladen Ninkov sets Martin Bennett onto Alan McKail as Grant Donaldson attacks Dalkeith welcome
High-flying company promoter Mladen Ninkov is trying to force his new Dalkeith neighbour Alan McKail to remove a pool and patio built in alleged breach of a land title restriction.
The scrapping neighbours were in the WA Supreme Court on Tuesday with their legal teams arguing the fate of Mr McKail's mid-2024 backyard works.
Mr McKail paid $3.9 million in November 2023 for his Tuscan-styled home property. It is immediately below Mr Ninkov's long-time residence as Waratah Place descends from Victoria Avenue to the Swan River.
Mr Ninkov launched the legal action in October last year, after most of the work had been completed by Mr McKail with the help of his partner Leonie Gardner and stepson Ben Gardner.
Mr Ninkov gave evidence in support of his application on Tuesday.
He was challenged by Mr McKail's barrister Grant Donaldson about his recollection of when he spoke to his new neighbours in April last year and why he did not give them a friendlier welcome to Dalkeith.
'You don't just turn up at the front door with a bottle of champagne,' Mr Ninkov said.
Mr Ninkov claims to have had a restrictive covenant over the lower property since 1996.
The covenant allegedly requires the owner of Mr McKail's property to seek Mr Ninkov's permission for any works that increase the house's height or create new backyard structures.
Mr Ninkov sought advice from his long-time lawyer Martin Bennett on April 9 about his restrictive covenant. A response he received from Mr Bennett that night and about 30 other documents are subject to claims of legal privilege.
Mr Ninkov said he sought advice from Mr Bennett because he was worried about 'what they were going to do with the area'.
'These are expensive properties where you want to protect your amenities,' he said.
'There was no harm to check the restrictive covenant to see what it covers me for.'
When Mr Donaldson asked why he did not raise the restrictive covenant with his neighbours last April, Mr Ninkov said: 'I always found that if you bring up legal matters, it does not engender good relationships with neighbours.'
He flew overseas in early May 2024 for work across Europe and China, and did not return to Perth until early October. The hearing continues on Wednesday.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
West Australian
29-05-2025
- West Australian
Mladen Ninkov sets Martin Bennett onto Alan McKail as Grant Donaldson attacks Dalkeith welcome
High-flying company promoter Mladen Ninkov is trying to force his new Dalkeith neighbour Alan McKail to remove a pool and patio built in alleged breach of a land title restriction. The scrapping neighbours were in the WA Supreme Court on Tuesday with their legal teams arguing the fate of Mr McKail's mid-2024 backyard works. Mr McKail paid $3.9 million in November 2023 for his Tuscan-styled home property. It is immediately below Mr Ninkov's long-time residence as Waratah Place descends from Victoria Avenue to the Swan River. Mr Ninkov launched the legal action in October last year, after most of the work had been completed by Mr McKail with the help of his partner Leonie Gardner and stepson Ben Gardner. Mr Ninkov gave evidence in support of his application on Tuesday. He was challenged by Mr McKail's barrister Grant Donaldson about his recollection of when he spoke to his new neighbours in April last year and why he did not give them a friendlier welcome to Dalkeith. 'You don't just turn up at the front door with a bottle of champagne,' Mr Ninkov said. Mr Ninkov claims to have had a restrictive covenant over the lower property since 1996. The covenant allegedly requires the owner of Mr McKail's property to seek Mr Ninkov's permission for any works that increase the house's height or create new backyard structures. Mr Ninkov sought advice from his long-time lawyer Martin Bennett on April 9 about his restrictive covenant. A response he received from Mr Bennett that night and about 30 other documents are subject to claims of legal privilege. Mr Ninkov said he sought advice from Mr Bennett because he was worried about 'what they were going to do with the area'. 'These are expensive properties where you want to protect your amenities,' he said. 'There was no harm to check the restrictive covenant to see what it covers me for.' When Mr Donaldson asked why he did not raise the restrictive covenant with his neighbours last April, Mr Ninkov said: 'I always found that if you bring up legal matters, it does not engender good relationships with neighbours.' He flew overseas in early May 2024 for work across Europe and China, and did not return to Perth until early October. The hearing continues on Wednesday.
Sydney Morning Herald
15-05-2025
- Sydney Morning Herald
Won't you be my neighbour? No thanks, Elon Musk
Unless the city council disagrees with that decision, Musk faces the prospect of tearing down the fence and gate or changing them to comply with the town's rules. Loading Musk did not return requests for comment. A house manager linked to the property declined to comment. Musk's history in Texas is relatively recent. The tech mogul, who oversees six companies, moved most of his business operations to the state from California starting about 2021. He has built factories for his electric vehicle company, Tesla, his rocket company, SpaceX, and his tunnelling venture, the Boring Co., around Austin and neighbouring Bastrop. Musk also moved himself to Austin. He initially wanted to build houses for himself and his children (he has at least 13) on hundreds of acres that he bought there. After the plan fell through, he looked at other properties. In 2022, Musk bought the West Lake Hills home through a limited liability company, which was named after the street where the property sits. The house is in the middle of a residential neighbourhood at the bottom of about 8000 square metres of sloping land off a narrow public road, making security challenging. 'Castles are supposed to be built on hills, right?' said Anne Yeakel, a long-time West Lake Hills resident who lives around the corner. 'These were sophisticated buyers, and if security was the prime directive, this was not the house for it.' Musk and his staff did not introduce themselves to the neighbours. Few residents have seen him there. But word travelled fast in the community of 3400, and soon everyone knew he had moved in. 'It's common knowledge here,' Yeakel said. The mansion was one of three that Musk bought in the area over the past three years to create a compound for his children and their mothers. At one point, Claire Boucher, known as the musician Grimes, lived with Musk and their three children in the house. Shivon Zilis, a brain technology executive who has four children with Musk, lives about a 10-minute walk away. Musk also bought a Tuscan-style mansion about a year ago. Neighbours soon grew frustrated with the constant hubbub at the house. They saw people coming and going carrying gun holsters, as the security team ballooned along with Musk's safety concerns. Though Texas has permissive gun laws, the activity stood out. 'I call that place Fort Knox,' said Hemmer, a retired real estate agent who lives across the street and is president of the neighbourhood home owners' association. The house was quieter on days when Musk was not in town, neighbours said, especially in recent months, when he lived mostly in Washington to advise President Donald Trump. Now residents are bracing for Musk's return, after he said he would spend less time in the capital. Some neighbours became particularly annoyed at the hulking fence in front of the mansion, as well as the giant metal gate at the other end of the property, which appears to serve as an employee entrance. Loading Hemmer, who has long owned a Tesla, grew so frustrated with his neighbour that he began flying a drone over the house to check for city violations, and he keeps a video camera trained on the property around the clock. Last year, he complained to West Lake Hills officials about Musk's fence, the traffic and how he thought the owner was operating a security business from the property. Musk's security team also contacted the West Lake Hills Police Department about Hemmer, according to city records. One security official accused Hemmer last year of standing naked in the street, according to the records. Hemmer denied that he was naked and said he was on his property wearing black underwear. On another night, he said, he was walking his dog fully clothed and stopped when he suddenly needed to urinate – which Musk's camera captured. 'The cameras got me,' Hemmer said. 'It's scary they have guys sitting and watching me pee.' After repeated remonstrances from Hemmer, West Lake Hills officials found that Musk had violated city ordinances with the fence and the gate. Last month, the Zoning and Planning Commission debated whether to grant him variances for the projects. Before the meeting, Tisha Ritta, a permit expert working for Musk's limited liability company, wrote a letter to the planning commission asking for relief from the city rules. 'As a high-profile public official, the property's resident faces ongoing security threats, making proactive safety measures imperative,' she wrote, according to a copy of the letter. Ritta did not respond to requests for comment. Loading Hemmer and other residents wrote their own letter to the planning commission, admonishing their neighbour for facilitating 'bad behaviour on our quiet little cul-de-sac'. For a time, Musk appeared poised to win the neighbourhood battle. Planning and zoning officials recommended that his property be granted 'hardship variances', which would allow him to keep the fence and other projects with only small changes to the property, according to city documents. But at the planning meeting, the commissioners refused Musk the variances. When they questioned Ritta, she blamed a former house manager for failing to get permits for the construction. 'I just met the property owner last year, and unfortunately they were under the guidance of the property manager,' she said, according to a recording of the meeting. Hemmer also spoke up at the meeting to say he doubted the homeowner had been misguided. 'If you follow him at all in the news, he's always guilty of building stuff and then asking for permission later,' he said. One commissioner, who was not identified in the recording, said she could not believe West Lake Hills staff had recommended that the home owner receive any exceptions. 'I'm astounded the staff is putting forth any kind of suggestions we bend based on who is asking,' she said. The planning commission's decision does not end the process. At the upcoming West Lake Hills City Council meeting, members must decide whether to stick with the commissioners' recommendation on Musk's mansion.
The Age
15-05-2025
- The Age
Won't you be my neighbour? No thanks, Elon Musk
Unless the city council disagrees with that decision, Musk faces the prospect of tearing down the fence and gate or changing them to comply with the town's rules. Loading Musk did not return requests for comment. A house manager linked to the property declined to comment. Musk's history in Texas is relatively recent. The tech mogul, who oversees six companies, moved most of his business operations to the state from California starting about 2021. He has built factories for his electric vehicle company, Tesla, his rocket company, SpaceX, and his tunnelling venture, the Boring Co., around Austin and neighbouring Bastrop. Musk also moved himself to Austin. He initially wanted to build houses for himself and his children (he has at least 13) on hundreds of acres that he bought there. After the plan fell through, he looked at other properties. In 2022, Musk bought the West Lake Hills home through a limited liability company, which was named after the street where the property sits. The house is in the middle of a residential neighbourhood at the bottom of about 8000 square metres of sloping land off a narrow public road, making security challenging. 'Castles are supposed to be built on hills, right?' said Anne Yeakel, a long-time West Lake Hills resident who lives around the corner. 'These were sophisticated buyers, and if security was the prime directive, this was not the house for it.' Musk and his staff did not introduce themselves to the neighbours. Few residents have seen him there. But word travelled fast in the community of 3400, and soon everyone knew he had moved in. 'It's common knowledge here,' Yeakel said. The mansion was one of three that Musk bought in the area over the past three years to create a compound for his children and their mothers. At one point, Claire Boucher, known as the musician Grimes, lived with Musk and their three children in the house. Shivon Zilis, a brain technology executive who has four children with Musk, lives about a 10-minute walk away. Musk also bought a Tuscan-style mansion about a year ago. Neighbours soon grew frustrated with the constant hubbub at the house. They saw people coming and going carrying gun holsters, as the security team ballooned along with Musk's safety concerns. Though Texas has permissive gun laws, the activity stood out. 'I call that place Fort Knox,' said Hemmer, a retired real estate agent who lives across the street and is president of the neighbourhood home owners' association. The house was quieter on days when Musk was not in town, neighbours said, especially in recent months, when he lived mostly in Washington to advise President Donald Trump. Now residents are bracing for Musk's return, after he said he would spend less time in the capital. Some neighbours became particularly annoyed at the hulking fence in front of the mansion, as well as the giant metal gate at the other end of the property, which appears to serve as an employee entrance. Loading Hemmer, who has long owned a Tesla, grew so frustrated with his neighbour that he began flying a drone over the house to check for city violations, and he keeps a video camera trained on the property around the clock. Last year, he complained to West Lake Hills officials about Musk's fence, the traffic and how he thought the owner was operating a security business from the property. Musk's security team also contacted the West Lake Hills Police Department about Hemmer, according to city records. One security official accused Hemmer last year of standing naked in the street, according to the records. Hemmer denied that he was naked and said he was on his property wearing black underwear. On another night, he said, he was walking his dog fully clothed and stopped when he suddenly needed to urinate – which Musk's camera captured. 'The cameras got me,' Hemmer said. 'It's scary they have guys sitting and watching me pee.' After repeated remonstrances from Hemmer, West Lake Hills officials found that Musk had violated city ordinances with the fence and the gate. Last month, the Zoning and Planning Commission debated whether to grant him variances for the projects. Before the meeting, Tisha Ritta, a permit expert working for Musk's limited liability company, wrote a letter to the planning commission asking for relief from the city rules. 'As a high-profile public official, the property's resident faces ongoing security threats, making proactive safety measures imperative,' she wrote, according to a copy of the letter. Ritta did not respond to requests for comment. Loading Hemmer and other residents wrote their own letter to the planning commission, admonishing their neighbour for facilitating 'bad behaviour on our quiet little cul-de-sac'. For a time, Musk appeared poised to win the neighbourhood battle. Planning and zoning officials recommended that his property be granted 'hardship variances', which would allow him to keep the fence and other projects with only small changes to the property, according to city documents. But at the planning meeting, the commissioners refused Musk the variances. When they questioned Ritta, she blamed a former house manager for failing to get permits for the construction. 'I just met the property owner last year, and unfortunately they were under the guidance of the property manager,' she said, according to a recording of the meeting. Hemmer also spoke up at the meeting to say he doubted the homeowner had been misguided. 'If you follow him at all in the news, he's always guilty of building stuff and then asking for permission later,' he said. One commissioner, who was not identified in the recording, said she could not believe West Lake Hills staff had recommended that the home owner receive any exceptions. 'I'm astounded the staff is putting forth any kind of suggestions we bend based on who is asking,' she said. The planning commission's decision does not end the process. At the upcoming West Lake Hills City Council meeting, members must decide whether to stick with the commissioners' recommendation on Musk's mansion.
