WHAT IS A HANGAR
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WHAT IS A HANGAR
During late August 2020, Mareeba Shire Council accused long term hangar owner, Richard Rudd of illegally residing in his hangar. Richard wrote to Council solicitors saying that he had not resided there since June 2016 and lived off-field.
Council launched a 2 week investigation by compliance officers, who found nothing - NO residing.
Council upped the stakes and on 6th December 2020, issued five Form 7 Non compliance Notices on the Hangar lease.
These were:
The final inspection on 19th January 2021, resulted in non-compliance on items 1 and 3. Richard was locked out on the morning of 20th January 2021.
A short time later, after having been denied supervised access, Council wrote to Richard saying he had abandoned the hangar and goods contained therein were considered ABANDONED.
This was not a QCAT matter as there was no originating legal process, just an administrative form use.
Hence an application to the QLD Supreme Court, but the solicitors would not follow the express directions, so they were sacked.
Richard was now on his own against a QC from Council. He elicited help from a "McKenzie Friend"
An offer was made for a value of $100K to compensate for legal costs $34K, value of lease $600K, damage to aircraft $100K and further damages to health.
This was rightly rejected.
By August 6th 2021, the Supreme Court hearing started, with Richard Rudd and his McKenzie friend doing battle against the Council QC over two days.
Judgement by Judge Henry is for Richard Rudd.
Further reading:
More #aviation news on Richard Rudd « Assistance to the Aviation Industry
Council launched a 2 week investigation by compliance officers, who found nothing - NO residing.
Council upped the stakes and on 6th December 2020, issued five Form 7 Non compliance Notices on the Hangar lease.
These were:
- Residing [same as original notice];
- Storage of a car;
- Maintenance of aircraft;
- Plumbing non compliance [Undertaken and signed of in August 2016];
- Plumbing non compliance [Signed off in December 2020]
The final inspection on 19th January 2021, resulted in non-compliance on items 1 and 3. Richard was locked out on the morning of 20th January 2021.
A short time later, after having been denied supervised access, Council wrote to Richard saying he had abandoned the hangar and goods contained therein were considered ABANDONED.
This was not a QCAT matter as there was no originating legal process, just an administrative form use.
Hence an application to the QLD Supreme Court, but the solicitors would not follow the express directions, so they were sacked.
Richard was now on his own against a QC from Council. He elicited help from a "McKenzie Friend"
An offer was made for a value of $100K to compensate for legal costs $34K, value of lease $600K, damage to aircraft $100K and further damages to health.
This was rightly rejected.
By August 6th 2021, the Supreme Court hearing started, with Richard Rudd and his McKenzie friend doing battle against the Council QC over two days.
Judgement by Judge Henry is for Richard Rudd.
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.
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.
More #aviation news on Richard Rudd « Assistance to the Aviation Industry
Last edited by advo-cate; 1st Sep 2021 at 01:40. Reason: layout
This being the same Richard Rudd whom CAsA tried to say was illegally performing maintenance on his Wilga, when one of their FOI's swore under oath that he saw one elevator on the ground, and the other still attached to the horizontal stab?
With the Wilga noted as having one continuous elevator from left to right?!?
I just had a read through that judgement and what Mareeba Council appear to have tried on...They wouldn't want to have a look at my hangar, it doesn't have a bed, true, but it has a kitchen, bar fridge, dunny, shower, workbenches and shelves to allow me to - shock horror - maintain my aircraft in an aircraft hangar, a radio to listen to music and even has high speed WiFi AP's and a pair of ADS-B receivers. Oh, and we keep one of our cars and even a camper trailer in there too!
Guess that means I'm living in my hangar too? I hope someone doesn't tell my local council!
With the Wilga noted as having one continuous elevator from left to right?!?
I just had a read through that judgement and what Mareeba Council appear to have tried on...They wouldn't want to have a look at my hangar, it doesn't have a bed, true, but it has a kitchen, bar fridge, dunny, shower, workbenches and shelves to allow me to - shock horror - maintain my aircraft in an aircraft hangar, a radio to listen to music and even has high speed WiFi AP's and a pair of ADS-B receivers. Oh, and we keep one of our cars and even a camper trailer in there too!
Guess that means I'm living in my hangar too? I hope someone doesn't tell my local council!
Last edited by KRviator; 1st Sep 2021 at 03:27.
Para 24 "Making a virtue of necessity Council mounted another, more nuanced argument as to the limits of the use to which the leased hanaer could be put."
No wonder they lost.
No wonder they lost.
Mareeba is no white elephant!
Two huge new hangars being built side by side adjacent to Ray Rd, these immensely sized buildings are reportedly for MAF (Mission Aviation Fellowship), local sources are spruking figures upwards of $15 mill for both hangars.
A number of Virgin ATR aircraft remain in open storage at Mareeba to avoid coastal salt spray and cheaper parking fees compared to Cairns
Two huge new hangars being built side by side adjacent to Ray Rd, these immensely sized buildings are reportedly for MAF (Mission Aviation Fellowship), local sources are spruking figures upwards of $15 mill for both hangars.
A number of Virgin ATR aircraft remain in open storage at Mareeba to avoid coastal salt spray and cheaper parking fees compared to Cairns
I liked the part where the Judge said that the council couldn’t even spell hangAr correctly.
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White Elephant??
$25m spent on the upgrade, but #Mareeba Shire Council couldn't get it right.
The north eastern Taxiway wasn't up to any standard [Hold point still incorrect]. As a result, #casa requirements were not met and another $5m was required.
The Council engineer would not listen to the user group, with the upgrade fronted by an engineer who had never been to an airport or knew about the intricacies.
The standing area in the new area, which was upgraded, is too flat and will have standing water in a storm and excess drainage will cross the taxiway, resulting in deep water and potential aquaplaning.
NOT well done #Mareeba Shire Council
The north eastern Taxiway wasn't up to any standard [Hold point still incorrect]. As a result, #casa requirements were not met and another $5m was required.
The Council engineer would not listen to the user group, with the upgrade fronted by an engineer who had never been to an airport or knew about the intricacies.
The standing area in the new area, which was upgraded, is too flat and will have standing water in a storm and excess drainage will cross the taxiway, resulting in deep water and potential aquaplaning.
NOT well done #Mareeba Shire Council
Last edited by advo-cate; 1st Sep 2021 at 23:01. Reason: Layout
It would appear that council fell out of the wrong side of the bed one day.
To chase a person who was leasing a hangar at Mareeba airport like this smells of something else.
Maybe he did not leave an Aldi bag of folding under the coffee table after his meet with a council rep?
Frankly the Mareeba Council, or for that matter any council, to spend ratepayers money on an exercise like this is just a waste of money, time and staff.
The council has better things to do than run a vendetta like this as described by Rudd.
Councils are there for three things. Roads, Rates & Rubbish, not running a vendetta. The council has far more serious things to look at and attend to. Go to almost any property in the Mareeba Shire and you will find things that do not meet the building code. Are they being hounded like in the Rudd case? No I suspect.
Rudd. Win and dust the Council down for your expenses and some. Get more media exposure in your favour.
Mareeba Council. Pull back. Draw down. Close this matter off. You have better more urgent things to do that involves spending ratepayers monies.
Mareeba Rate Payers. Come elect time seriously consider who you want in the council seats. People doing positive things for the Shire or people who are blowing ratepayers money on a vendetta.
To chase a person who was leasing a hangar at Mareeba airport like this smells of something else.
Maybe he did not leave an Aldi bag of folding under the coffee table after his meet with a council rep?
Frankly the Mareeba Council, or for that matter any council, to spend ratepayers money on an exercise like this is just a waste of money, time and staff.
The council has better things to do than run a vendetta like this as described by Rudd.
Councils are there for three things. Roads, Rates & Rubbish, not running a vendetta. The council has far more serious things to look at and attend to. Go to almost any property in the Mareeba Shire and you will find things that do not meet the building code. Are they being hounded like in the Rudd case? No I suspect.
Rudd. Win and dust the Council down for your expenses and some. Get more media exposure in your favour.
Mareeba Council. Pull back. Draw down. Close this matter off. You have better more urgent things to do that involves spending ratepayers monies.
Mareeba Rate Payers. Come elect time seriously consider who you want in the council seats. People doing positive things for the Shire or people who are blowing ratepayers money on a vendetta.
YMBA airport is run by the “Council” (sic) Nobody in there has any idea about the requirements of the users and hangar owners, and they don’t bother to find out either. Not interested in any other opinions or expertise. THEY know !!
As an example of how stupid and poisonous they are, when the tarmac reseal was being done I was shown by the contractors where the base level should be, prior to the tarmac lay down. At the front slab lip , being too high would just drain any water into the hangar.
I dug out a couple of eggcup fulls of base and marked the level. Offence #1
Once the base was shaved down to that level I also made a short strip at the slab lip to reinforce the ‘join’ when the tarmac was down.Offence #2. I had a visit from a pair of Plods stating..”We are here to investigate the 2 offences of Wilful damage to the road base”,
Thinking it was a pisstake I had trouble not to fall about laughing! They were serious and this was no joke!
Eventually it all fell over. The council infrastructure manager had a ratepayer funded “stress leave” holiday and as usual the victim with all the angst just has to suck it up.
But it does show that MSC is an asylum by another name.
Back to the thread bit
Two Hillbillies knock over lawyers and a QC, so it was a very good result for truth, justice and (possibly) the Australian way.
And myself after a long hard slog, mentally , physically and financially
All because the ceo couldn’t bring himself to stop, and their lawyers were enjoying the easy milk.
Are councils corrupt? You better believe it.!!
Now it’s my turn to bite the hand that tried to slap me down.
Like CAsA corporatised, a bloody disaster, likewise with Qld councils. Unless we do something about it we a merrily along the road to tyranny… which is what you get when bureaurats rule.
$2
As an example of how stupid and poisonous they are, when the tarmac reseal was being done I was shown by the contractors where the base level should be, prior to the tarmac lay down. At the front slab lip , being too high would just drain any water into the hangar.
I dug out a couple of eggcup fulls of base and marked the level. Offence #1
Once the base was shaved down to that level I also made a short strip at the slab lip to reinforce the ‘join’ when the tarmac was down.Offence #2. I had a visit from a pair of Plods stating..”We are here to investigate the 2 offences of Wilful damage to the road base”,
Thinking it was a pisstake I had trouble not to fall about laughing! They were serious and this was no joke!
Eventually it all fell over. The council infrastructure manager had a ratepayer funded “stress leave” holiday and as usual the victim with all the angst just has to suck it up.
But it does show that MSC is an asylum by another name.
Back to the thread bit
Two Hillbillies knock over lawyers and a QC, so it was a very good result for truth, justice and (possibly) the Australian way.
And myself after a long hard slog, mentally , physically and financially
All because the ceo couldn’t bring himself to stop, and their lawyers were enjoying the easy milk.
Are councils corrupt? You better believe it.!!
Now it’s my turn to bite the hand that tried to slap me down.
Like CAsA corporatised, a bloody disaster, likewise with Qld councils. Unless we do something about it we a merrily along the road to tyranny… which is what you get when bureaurats rule.
$2
MSC will never recope the airport upgrades..
Money better spend on the hospital, roads etc
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Go hard Aroa, take them for everything you can get. Are councils corrupt..? Anyone been following the Dandenong City Council vs iCook foods in Melbourne..? Almost unbelievable the crap that's gone on there. And if you want another aviation related debacle, check out the Mornington Peninsula Shire vs Peninsula Aero Club. The shire keep losing and costing the ratepayers heaps but they just won't let it go. It's criminal really, the waste of time and money.
Regardless, they have some form of money tree as factory fresh new Caravans keep appearing and have been for a number of years. I’ve asked many times where all the money comes from and they normally change the subject or run away if they see me in the area. I think I perhaps intimidated them, I was only asking logical straight forward questions. I hope it’s not my tax dollars funding it as I disagree with many things that go on there. Certainly are more pressing matters going on that my tax dollars could attend to rather than funding another few Caravans or the millions they spend ‘modifying’ them.
You don’t work for them to pay a mortgage off. I’m quite skeptical around a lot of the ‘going’s on’ in that place and how they are funded, however, the people who work in that joint, make that decision themselves, so who cares I guess .
Geeup.. only re-coup the MSC will need is for the borrowings to fix the re-development muck ups. The 20$ + mil came from Fed and state grants/ project funding . The MSC just spent it... some of it "unwisely" ( to be polite)
MAF have plenty of dosh for their new builds, not sure about as high as $ 15 mil.. God knows.
There are other smaller hangars being built..... at YMBA due to prohibitive costs at Cairns. Stupid thing is these hangars have no sewerage connections ! What's the last thing you do before a flight, or the first thing after you get back. Yes...Go to the toilet.
The ceo knows how to stop people occupying their hangar overnight... see Its just a "storage" facilty.. Not any more.!!
And at the back of the development there is a mini sewerage facility. ! Hullo ????
ATRs here for cheap parking fees and away from the salt air. I see one Virgin has had her tail painted dark red with white bird ??
Whats the weight of an ATR ?... no worries the taxiway and tarmac signed a s 5700 kg limit. Oh well, whatever.
Many other hangars have beds and were being used.. why target mine alone ? Ah well there's the rub. Corrupt intent surely not.!
MTF Much more.
MAF have plenty of dosh for their new builds, not sure about as high as $ 15 mil.. God knows.
There are other smaller hangars being built..... at YMBA due to prohibitive costs at Cairns. Stupid thing is these hangars have no sewerage connections ! What's the last thing you do before a flight, or the first thing after you get back. Yes...Go to the toilet.
The ceo knows how to stop people occupying their hangar overnight... see Its just a "storage" facilty.. Not any more.!!
And at the back of the development there is a mini sewerage facility. ! Hullo ????
ATRs here for cheap parking fees and away from the salt air. I see one Virgin has had her tail painted dark red with white bird ??
Whats the weight of an ATR ?... no worries the taxiway and tarmac signed a s 5700 kg limit. Oh well, whatever.
Many other hangars have beds and were being used.. why target mine alone ? Ah well there's the rub. Corrupt intent surely not.!
MTF Much more.
They will most certainly have issues with the tarmac not long after those ATRs leave. Wonder who gets that bill.
Anyway nobody gives two ****s. Anna Stay away came in for her ribbon cutting photo and that’s the end of it. Compliance is on the back burner. Anna is coming for her photo we must get ready ASAP!
Anyway nobody gives two ****s. Anna Stay away came in for her ribbon cutting photo and that’s the end of it. Compliance is on the back burner. Anna is coming for her photo we must get ready ASAP!
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“Many other hangars have beds and were being used.. why target mine alone ?“
Good question, what happened to provoke this sort of drastic action against Richard in the first place?
Good question, what happened to provoke this sort of drastic action against Richard in the first place?
IB… a front row hangar with facilities. Wanted by someone else, This was a “hit job.” Courtesy of the ceo who is a very nasty piece of work. From the Dark Continent, sorry wrong color me, wrong country. I could smell a rat right from the get go.
BS me out of there. Think corruption and dollars …for someone else.
MTF Much more.
BS me out of there. Think corruption and dollars …for someone else.
MTF Much more.
IB.. Wilga is long gone. Been on sold by others to Maroochy Seaplanes on floats.
Stearman was a 'brain snap' from Japan when I was chasing a Tiger Moth project and got offer that
One is a sucker for punishment with old aircraft.
No, all the print media have it right. (And its the one from the '67 movie Tora, Tora Tora.)
Stearman was a 'brain snap' from Japan when I was chasing a Tiger Moth project and got offer that
One is a sucker for punishment with old aircraft.
No, all the print media have it right. (And its the one from the '67 movie Tora, Tora Tora.)