Henderson v The Body Corporate for Merrimac Heights (No 2)

In Henderson v The Body Corporate for Merrimac Heights (No 2), the plaintiffs, Mr and Mrs Henderson, appealed against a decision of the Queensland Civil and Administrative Tribunal (QCAT) that was in favour of the defendants, The Body Corporate for Merrimac Heights. The plaintiffs sought damages for nuisance caused by noise from a neighbouring property, which was owned by the defendants. The case was heard in the Supreme Court of Queensland.

The central legal issue before the court was whether the noise from the neighbouring property constituted a nuisance, and if so, whether the plaintiffs were entitled to damages. The court also needed to determine whether the QCAT decision was correct and, if not, what the appropriate remedy should be. The defendants argued that the plaintiffs had not proven that the noise was unreasonable or that it caused significant harm, and that the QCAT decision should be upheld.

The court found that the noise from the neighbouring property did constitute a nuisance, as it was unreasonable and interfered with the plaintiffs' enjoyment of their property. The court rejected the defendants' argument that the QCAT decision was correct, finding that the tribunal had erred in its application of the law. The court ordered that the defendants pay the plaintiffs' costs of the proceedings, including reserved costs, excepting the first day of trial, for which the plaintiffs would pay the defendants' costs. This decision highlights the importance of properly applying the law in nuisance cases and the potential consequences of failing to do so.