Event and Time
Event Description
- Parties Involved:
- First Plaintiff: Saaticho Pty Ltd ('Saaticho') - Second and Third Plaintiffs: Anna Cho and Adam Saaticho (directors and shareholders of Saaticho) - First Defendant: EVR Group Pty Ltd ('EVR') - Second Defendant: Lucas Emilio De Matteis Pty Ltd ('LEDM') - Third Defendant: Foursquare Construction Management Pty Ltd ('Foursquare')
- Location: 263A Keilor Road, Essendon, Australia
- Background: Dispute arises over the use of airspace by a construction crane in connection to a building site owned by EVR, adjacent to the retail and residential property owned by Saaticho.
- Timeline:
- Tower crane erected on 17 January 2021. - License agreement for airspace use entered into on 1 February 2021. - Dispute and termination of license fee payments in August 2021. - Return to residential property occurred around January 2022 after eviction from rented accommodation.
Application and Claims
- Claims by Plaintiffs: Breach of the license agreement, unlawful trespass into the airspace above their property, and a request for an injunction to restrain the use of the crane.
Judicial Decisions
- Initial judicial findings indicate serious questions for trial regarding whether trespass occurred when Foursquare operated the crane and if EVR was complicit.
- An interim order was proposed to address ongoing trespass during the crane's operation while ensuring the plaintiffs' rights were safeguarded until the trial.
Dispute Points and Legal Basis
Dispute Points
- Plaintiffs’ Arguments:
- EVR and Foursquare are trespassing on their property rights by allowing the crane to intrude into their airspace. - The defendants have ceased paying the agreed license fees and have not provided clear communication about the crane's removal. - The tower crane presents a risk to their safety as it operates above their residential property. - They claim rights were violated since the initial license agreement ended in an uncooperative manner.