Baulderstone Hornibrook Pty Ltd v Qantas Airways Ltd

The applicant, Baulderstone Hornibrook Pty Ltd, sought an injunction against Qantas Airways Ltd, to restrain them from continuing with a construction project on the basis that it would interfere with the applicant’s proprietary rights. The case was heard in the Federal Court of Australia. The applicant, a civil engineering contractor, claimed that the construction of a new runway at Sydney Airport by the respondent, an airline, would interfere with their proprietary rights over an easement granted by a prior agreement. The legal issues before the court were whether the applicant had proprietary rights that could be protected by an injunction and, if so, whether the balance of convenience favoured an injunction against the construction project. The court found that the applicant did have proprietary rights in the form of an easement. However, the court held that the balance of convenience did not favour an injunction. The court found that the construction project was of significant public importance, and the interference with the applicant’s rights was not irreparable. The court also noted that the applicant had not demonstrated a sufficient likelihood of success on the merits of the case. The application was dismissed, and the applicant ordered to pay the respondent’s costs.