General News
24 August, 2021
Aviation enthusiast wins Supreme court case against Mareeba Council
A LOCAL aviation enthusiast is free to continue his passion of attending to his Boeing Stearman plane inside a hangar at Mareeba airport after he took his case against Mareeba Shire Council to the Supreme Court – and won.
A LOCAL aviation enthusiast is free to continue his passion of attending to his Boeing Stearman plane inside a hangar at Mareeba airport after he took his case against Mareeba Shire Council to the Supreme Court – and won.
Richard Rudd has a 40-year lease on the hangar and has used it since 2016.
However, in January local Council changed the locks and told a perplexed Mr Rudd he breached the lease because the conditions of the contract were for aircraft occupation only, and not maintenance works, to any aircraft inside the hangar.
Further, local Council accused the 82 year-old of using the hangar for accommodation purposes because it housed both a bed and a bar bridge.
In addition Council also claimed Mr Rudd’s daily and regular presence at the hangar was beyond what was required to simply store his plane at the facility, suggesting the plane lover was taking part in commercial activities at the location.
However Justice Henry dismissed Council’s claims and ruled entirely in favour of Mr Rudd.
“It is well known that an aircraft hangar is a large building, usually located at an aerodrome, in which aircraft are stored,” Mr Henry explained.
“It is similarly well-known that the customary or ordinary use of an aircraft hangar is not confined purely to the act of parking and storing aircraft therein and that its use includes the performance of maintenance and repair work… in order to maintain aircraft in, or return to, a state of air worthiness.”
Furthermore, Mr Henry said “the lease contains no clause which expressly or by implication limits the times during which Mr Rudd’s conduct cause annoyance, nuisance or inconvenience to nearby occupiers… however no such behavioral breach was there.”
Council was ordered to pay Mr Rudd’s legal fees and restore possession of the hangar to him.
Mareeba Shire Council CEO Peter Franks told The Express it had complied with Mr Henry’s decision.
“Council respects the decision of the court,” he said.
“The judge's interpretation of the approved use of the hangar was different to Mareeba Shire Council's interpretation.
“Council removed padlocks from the building on the morning of Thursday, 12 August 2021, and returned the keys for the hangar to Mr Rudd when he attended the Council office that same day.”
The Express reached out to Mr Rudd for reaction and comment however he was unable to be contacted before the paper’s deadline.
