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The Rudd story continues – #Mareeba Airport

The Rudd story continues – #Mareeba Airport

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Not quite viral, but the phone calls, e-mails, facebook posts, newspaper articles and on-radio requests certainly take it to that level.

The news from yesterday is that Mareeba Shire Council still have not called Richard to meet the terms of Judge Henry’s ORDER.

ORDER of 11th August 2021 in Cairns Supreme Court

1. The respondent will forthwith restore possession of the leased premises known as Lease N on SP171528 at Mareeba Airport, along with the keys thereto, to the applicant as the lessee of the premises.
2. The respondent will pay the applicant’s costs of the application to be assessed on the standard basis if not agreed.

Richard called at Council offices on Thursday, only to be screamed at by a Council employee who identified himself as “…Anthony Archie….”. Richard left to return to his vehicle and the person approached to throw some keys though a vehicle window. Richard returned them on Friday morning as the Council office opened as there was nothing to identify what the keys were.

Still has not had “……..forthwith restore possession of the leased premises known as Lease N……….” met by Mareeba Council

http://vocasupport.com/richard-rudd-wins-against-mareeba-council/


In The Australian this morning, with permission.

Council licks its wounds after fight with 82-year-old top gun

Richard Rudd's Boeing Stearman biplane which is housed at the Mareeba Airport hangar. Picture: Facebook
Richard Rudd’s Boeing Stearman biplane which is housed at the Mareeba Airport hangar. Picture: Facebook

An 82-year-old who was locked out of the aircraft hangar he was leasing to do maintenance on his plane has won his Supreme Court battle against the local council.

Richard Rudd held a 40-year lease on the hangar at Mareeba Airport in far north Queensland, and had been using it since 2016. But the council changed the locks in January.

He was told he was in breach of the lease contract because the hangar was intended for aircraft storage, not maintenance.

Mareeba Shire Council also ­accused him of using the hangar for residential purposes because it contained a bed and a bar fridge.

In a scathing judgment in favour of Mr Rudd, Supreme Court judge James Henry noted the council’s lease contract had not even spelt hangar correctly, and had not clearly defined the term “aircraft storage hanger (sic)”.

“It is well known that an aircraft hangar is a large building, usually located at an aerodrome, in which aircraft are stored,” said Justice Henry said. “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 aircraft to, a state of airworthiness.”

He also rejected the council’s evidence that Mr Rudd was in breach of the lease contract ­because he spent long hours there, “often throughout the day and into the early evening”.

The council argued Mr Rudd’s typical daily presence far exceeded what was necessary for the storage of his Boeing Stearman and suggested he was undertaking commercial activities.

But Justice Henry said it was “inherently plausible an aviation enthusiast such as Mr Rudd may choose to work long hours for his private purposes on maintenance or repair of aircraft”.

“The lease contains no clause which expressly or by implication limits the times during which Mr Rudd can be present at the hangar,” he said. “It does contain clauses protecting council’s position should Mr Rudd’s conduct cause annoyance, nuisance or inconvenience to nearby occupiers … however no such behavioural breach was alleged here.”

Council argued the presence of a bed and a bar fridge showed Mr Rudd was using the hangar as a home, but Justice Henry accepted his evidence the items were there for comfort.

“It would surely be unremarkable that someone working or taking a rest break in an un-airconditioned hangar in the tropics might want refrigerated ­refreshments,” he said.

Council was ordered to pay Mr Rudd’s legal costs and restore possession of the hangar to him.

Further comments to 14th August 2021

Les
1 day ago
“The Castle” wins again!

Local councils should be abolished. 800 of them litter Australia with around 8000 councilors. What a gigantic waste of money they are.

Peter EE
2 days ago
Full marks to the court for a sensible ruling.   I’m also amused that the Council personnel don’t know the difference between “hanger” and “hangar”.
R
2 days ago
Another Council adding value and focussing on what matters.  Thank you.
John
2 days ago
Seems like a personlality clash somewhere in the background here .
Kevin
2 days ago
I wonder if there is a development in the wind for that site and the leased building was in the way.
Roger
2 days ago
Maybe someone had a mate who wanted a hangar and there weren’t any others available.
But probably not ?

Roger 2

paul
2 days ago

“Council licks its wounds after fight with 82-year-old top gun”

It’s not very often that a Supreme Court judgement ranks as “common sense’, but in this instance, I suspect that it has.
The “case” reminds me of a situation in Victoria a couple of decades ago:
A Local Council inspector was issuing “infringement notices” to residents (who put their bins out on the morning of the collection) for failing to put their garbage-collection bins out on the EVENING BEFORE  the collection date.

ALL the ‘fines’ were overturned and rendered illegal, but the capacity of minor bureaucrats to overstep their capacity remains unabated …

Brad (the quiet Australian)
2 days ago
This is a clear case of good justice at work. The council needs a rocket under them for this disgraceful conduct. Ratepayers in Mareeba Shire should not be impressed at the sheer waste of their money either.
Roy42
2 days ago
Any win against a council is a good win.
Dennis
1 day ago
I understand your sentiments but any financial liability incurred by the council in the loss will fall to the ratepayers.
Peter
1 day ago
Who can decide elect different councillors next time.
Aravind
2 days ago
The sad bit in here is that it took a judge to get people to see some sense. It could have been very different.
Charles J
2 days ago
What on earth possessed the council in question to pursue such a ludicrous claim? It is quite obvious from the descriptions of the lease given by the judge they had no leg to stand on. I don’t think I know one person who leases a hangar who does not do some maintenance on their plane.
Luke
2 days ago
Suffer in your jocks council
John
2 days ago
Well in this case common sense won the day.
Andrew
2 days ago
Great story about bloody minded bureaucrats.
Robert
2 days ago
Strewth, these people at Council were nasty – will the individual employees at Council now reimburse their rate payers for the legal bills? Or can they simply lose their jobs.
Stephen
2 days ago
There’ll be a property developer pulling the strings on this one.
Local ratepayers might want to start asking questions about why their rates are bing wasted on vexatious litigation.
Andrew
2 days ago
There must be a back story here, was the council trying to boot him out to redevelop or something ?  Unconscionable behaviour from council.
Mary
2 days ago
Wonder what irked the council bureaucrat? Very odd. Glad the tough old bloke won, and so resoundingly.
Peter
2 days ago
I thought that Queensland people were generally good mates and supportive of each other. Sounds like this council had some narrow minded people on it.
Mark
2 days ago
We need to change the law to make the bureaucrats more accountable.  If a government entity has costs awarded against it, the individuals who authorised the legal action should be required to pay those costs, out of their own pockets.
Peter A
2 days ago
Hear! Hear! All too often the Faceless Bureaucrats make wrong decisions and their employer wears the costs. The Faceless Bureaucrats should take the costs out of their hip pocket. I agree entirely. The Law needs changing immediately.
Stan
2 days ago
Agree, but also place their names on a national register for public viewing. It’s part of ACCOUNTABILITY – RESPONSIBLE GOVERNMENT.
Andrew
2 days ago
That would make them think twice !
Frank
3 days ago
“Council was ordered to pay Mr Rudd’s legal costs…” Which means the rate payers pay.
MJ from Sydney
3 days ago
My god, a win for common sense!
Antipodean North Korean
3 days ago
Years ago I was unlawfully arrested by a local laws officer for minor dog-related “offences”. Also got stung about $700 in fines. Unlucky for him and his partner I have a background in federal law enforcement and after a bit of basic research of the Victorian Local Government Act – available online – proceeded to take the council apart with a series of emails.

Eventually got my money back, along with an apology and an assurance that they would receive better training. Not sure if that happened because it turned out they were causing headaches for the council all over the place and their positions were abolished. As far as I can tell, since then the relationship between the council and ratepayers has been much improved.

Don’t ever assume that just because someone is acting with the authority of council – or any other level of government for that matter – that they necessarily know what they’re doing.

Andrew
2 days ago
Had plenty of liquor licensing officials who don’t understand the laws they’re enforcing!
Doug
3 days ago
I like Judge Henry, clearly a sensible man.
samuel
3 days ago
It feels like, We pay our councils to oppress us
Peter1949
3 days ago
following the state government lead
Craig
3 days ago
What harm was the guy doing? Any excuse to raise money in addition to the outrageous rates they charge.
Amanda
3 days ago
This is fantastic news. Thank you Australia.
Chris
3 days ago
I wonder who it was that wanted his spot? That’s where the real story will be.
Stan
2 days ago
Good to have friends ! ?
Why not pick on the easy 82yo target, takes courage. Hope he claims for the stress in his life as well as all out-of-pocket expenses.
Shows the great culture of burorats throughout our systems.
Alan Ken
3 days ago
Glad you reported this. Did Council pay this fella’s legal fees?
M M
3 days ago
In regional QLD common sense usually prevails.
Hope the electorate takes this into account on “who voted how” in the next election.
Please reveal the voting call so voters can lock them in as representatives to put at the bottom of the how to vote card..
Antipodean North Korean
3 days ago
The common sense happened in the Supreme Court.
Andrew
3 days ago
Movie here.   Can see it now.
Stan
2 days ago
Call it “The Hangar”
Michael the Deplorable
3 days ago
This tier of Government is arguably the most petty and least competent.

Good to see them get their comeuppance. for once.

agostino
3 days ago
How can the council, ever imagine, in their wildest dreams, that an 82 year old would want to rest on a bed, now and again, after doing some work on a hobby, in the middle of no-where, to keep his interest, health and sense of some purpose in the remaining few years of his life?
Oscar O
3 days ago
Great refreshing story for a change,
S
3 days ago
I would strongly suggest to the ratepayers to rid themselves of this Council!
Trevor
3 days ago
Ah, the meanness and pettiness of the ruling class.  Everybody loves a win for the battler.
Matt
3 days ago
A good news story.
Nicholas
3 days ago
And the ratepayers foot the bill. Maybe they would think twice if the moneys comes from their own pockets! Despicable!
Andrew
3 days ago
Abolish local government. It’s the easiest to get rid of. They’re breading grounds for labor and green political parties. They’re also rife with nepotism and corruption. Glad this bloke won. Sorry he had to go through this ordeal.
Cassandra
3 days ago
The council found itself in a ‘region of reverse command’.
JohnF
3 days ago
Many of my neighbours have sheds/workshops containing not only storage space but upholstered chairs and fridges. They sometimes maintain machinery in them. Lots of opportunity here for our local Council to waste money and annoy people.
Jim
3 days ago
Someone in the council wanted to use the hangar ?? Or his/her mate.
Great to see justice done.
Don
3 days ago

It would seem so Jim
Bradley
3 days ago
I wonder what was behind the need for the council to remove him…..the article never addresses why the council did what did.
John
3 days ago
He has upset someone. In a small country town,
everyone would know that person.

JohnC

M&C
3 days ago
That what I was wondering whilst reading, there is no mention at all.  Something must have triggered a local to make an effort for something, that is not a naturally occurring state.
Dee
3 days ago
Good on you Richard!
Simon
3 days ago
As you get older it appear you become more vulnerable to the bullies of society , overpaid councils , and government officials top the list followed by Companies.
I suggest this form of abuse needs to be called out as it happens and make public.
I would call on our younger gens  to stand with the oldies to stamp out this growing injustice ., after all you get to take our place eventually .
CyberBloke.io ?
3 days ago
Applause. Congratulations.  Tell the rate-wasting, mean and un-spirited council who can’t even spell to go shove it.
BGA
3 days ago
There is a 1909 Wright Military Flyer on display in America’s National Air and Space Museum.  Suspended from the ceiling from what one presumes are aircraft hangers.
Rick
2 days ago
Thanks BGA – the best laugh I have had during lockdown
Gerard
3 days ago
Yes folks, its sad but true.

We often complain about Canberra but a close look at the incompetence of our local councils will be all the more mind-boggling.
George

3 days ago
A great read.
Gravel Rash
3 days ago
Stupid bureaucrats taking delight in giving someone a headache, just to show how important they are (in their own minds). Good to see a rare victory against our new ruling class. Act of arrogance all charged to the tax payer.

Some comments from The Australian this morning:

Mike R.
15 minutes ago
Councils: one more cohort of bureaucrats trying to stifle ordinary freedoms.
Malcolm
45 minutes ago
At last, a feel good story. Got anymore?
Graeme
45 minutes ago
Well done that man.
Another Peter
47 minutes ago
Great to see we still have some judges with common sense. Hopefully the council employees behind this nonsense suffer some personal penalties for wasting rate-payer’s money, and for wasting court time, on something which seemingly smacks perhaps of a personal vendetta.
Peter
46 minutes ago
Is this a Labor or Greens Council? No one else would be that stupid.
STEPHEN
53 minutes ago
A beer or ten and a good lay down next to your man toy.Bliss!
GaryR
1 hour ago
Great work Mr Rudd! (Never thought I’d say that.)
Simon
1 hour ago
A public servant in  the council decided to be a hero in the eyes of his boss , picked a soft target ( old man ) . Just because you are old does not mean you can be bullied , I can only imagine the stress and anxiety the guy was subjected to . Shamefull
Michael
1 hour ago
Justice is not dead in Australia.
Ruth
1 hour ago
A feel-good story
colin
1 hour ago
Great victory against bureaucratic bullies
There are plenty of them around
As the old saying goes   give them an inch and they will take a yard
Paul47
1 hour ago
Please do a follow-up article in which you seek the Council’s views on the outcome.
Jonathan
53 minutes ago
Why.?????
Donn D
1 hour ago
You go Mr Rudd! Great to see an old coot (like me) still standing and still looking after yourself. (I have a great deal of difficulty doing that) but just because things are getting a bit difficult doesn’t mean giving in to idiots.
Reta
1 hour ago
A win for logic over lunacy….gave the week end a good start.
Colin
2 hours ago
Justice ruled by commonsense.
Robert
2 hours ago
This story has made me Saturday and restored some of my faith in the justice system. But knowing petty public servants as well as I do – they will be plotting some kind of retribution. Definitely should be a movie made. What an uplifting story. Go hard you 80 year olds!
David
2 hours ago
Sounds like Contact Tracing ,the council must be linked to that women who said Queensland  hospitals  are for Queensland’s only.  These people  should be put in quarantine for 10yrs
Stephanie
2 hours ago
Council should perhaps find someone who can write leases a little better
robert
2 hours ago
I’d say the 40 year lease might be the problem for the council, Mareeba Airport is getting busier all the time and his hangar was not producing enough revenue for the council.
robert
1 hour ago

They can always offer to buy out his lease – that would be fun. Suspect Richard would be a great negotiator as well as aviator! Staggering stupidity that a case like this even gets to Court – Shire should sack staff involved and their lawyers
Edwin
2 hours ago
Michael Caton should play the lead role when this tale is turned into a movie. It’s a pity that Bud Tingwell is no longer around.  Great story of the little guy taking on a heartless bureaucracy!
Ronin
3 hours ago
Commonsense reigns. Let’s savour this. It is rare and a breath of fresh air. Well done Mr Rudd.
T
3 hours ago

This case exemplifies my long held opinion of local councils.
Even if you are a rate payer.
Don’t be fooled.
“The council is not your friend”
SPQR
3 hours ago
What nonsensical rubbish on behalf of the council. I hope the electorate make adjustments come the next election.
Antipodean North Korean
3 hours ago
Clearly at least one council employee is surplus to requirements. A classic case of looking for trouble because someone has nothing else to do.
Everyone’s an expert
5 hours ago
Council’s flight of fancy crashes and burns.
Rob
5 hours ago

Well done Richard.

Back to work.

But no holiday for you since you were locked out on January 20th this year, some 7 months ago.

Your support from the locals now is being seen.

David
7 hours ago
More over-reach by a renegade council. Glad he won.
Frank
8 hours ago
Legal action with other peoples money.. sounds like the principles of the ABC stretch far and wide throughout Australia.
the people who wanted him out should pay the costs, not the ratepayer..
sounds like someone wanted the hangar back.
Argus
9 hours ago
It would appear that crass stupidity in local government is not just confined to Victoria.
ScottCQ
9 hours ago
A comment from the person(s) responsible for the decision to ‘void’ Mr Rudd’s lease might give us greater insight into the reasons why it took a Supreme Court to settle the matter.
Antonio
11 hours ago

Am surprised this matter had to go all the way to the Supreme Court to be properly resolved. The matters at dispute appear to be relatively straight forward.

Peter
13 hours ago
Great outcome.
Peter
3 hours ago
Hey I’m an Oz living in England   ….   and so miles away from this  …  and if I may say an ex pilot   …   so very well done Mr Rudd !  …  but how refreshing to
see a clear eyed judge dispensing such clear eyed decisions  …

2 comments to The Rudd story continues – #Mareeba Airport

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