LOCAL NEWS

After a long running battle Mareeba Shire Council has been ordered by a Cairns Supreme Court Judge to hand back a leased shed at Mareeba Airport wrongly taken from a long-term lessee.

Richard Rudd has leased the shed for a number of years saying he had always paid his rent on time.

Meanwhile CEO of Mareeba Shire Council, Peter Franks, for some unknown reason wanted him to vacate the premises.

Mr Rudd said he had been accused of living in the shed which contravened the lease conditions but denied having done so.

Below is the result of yesterday’s Supreme Court case in Cairns:

SUPREME COURT OF QUEENSLAND

CITATION: Rudd v Mareeba Shire Council [2021] QSC 200

PARTIES: RICHARD ERIC RUDD (applicant) v MAREEBA SHIRE COUNCIL (respondent)

FILE NO/S: SC 90 of 2021

DIVISION: Trial PROCEEDING: Application

ORIGINATING COURT: Supreme Court of Queensland

DELIVERED EX TEMPORE ON: 11 August 2021

DELIVERED AT: Cairns

HEARING DATE:

6 August 2021;

10 August 2021;

11 August 2021

JUDGE: Henry J

ORDER:

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.