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

A bizarre court case over the use of an aircraft hangar has left a far north Queensland council red-faced.

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.

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