Supreme Court - Trial Division

Emprja Pty Ltd v Red Engine Group Pty Ltd [2017] QSC 033 (16/7790) Jackson J 13 March 2017

Full-text: QSC17-033.pdf

Catchwords

TORTS – TRESPASS – TRESPASS TO LAND AND RIGHTS OF REAL PROPERTY – WHAT CONSTITUTES TRESPASS AND DEFENCES THERETO – where the applicant was the registered lessee of a marina under a head lease of crown land from the state – where the respondent was the registered sublessee of a marina berth from the applicant – where the respondent’s boat was moored in the subleased berth and the outer side of its hull protruded over the boundary of the sublease – whether the respondent thereby trespassed on the applicant’s land

CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSTRUCTION AND INTERPRETATION OF CONTRACTS – INTERPRETATION OF MISCELLANEOUS CONTRACTS AND OTHER MATTERS – where the respondent was the registered sublessee of a marina berth from the applicant – where the sublease provided that a vessel moored in the berth must have dimensions appropriate to the berth - where the repondent’s boat was moored in the subleased berth and the outer side of its hull protruded beyond the width of the berth– whether the respondent thereby breached the provision of the sublease

TORTS – TRESPASS – TRESPASS TO LAND AND RIGHTS OF REAL PROPERTY – REMEDIES – INJUNCTION – where the respondent trespassed on the applicant’s land by mooring a boat such that its outer side of the hull protruded over the boundary of a subleased berth – where the applicant applies for an injunction to prevent the respondent from berthing the boat in the sublease – whether the injury to the applicant was small and disproportionate to the detriment to the respondent if an injunction were granted – whether damages should be awarded instead of an injunction