McCoy Constructions Pty Ltd v Dabrowski

The case of McCoy Constructions Pty Ltd v Dabrowski was heard in the Supreme Court of Queensland. The applicant, McCoy Constructions Pty Ltd, sought a permanent injunction to restrain the respondent, Aleko Dabrowski, from watching and besetting the applicant's display homes and construction sites. The applicant alleged that the respondent's actions constituted a nuisance and had a detrimental impact on its business. The respondent argued that he had no intention to continue his protest and had been vindicated in a previous proceeding with the Queensland Building Tribunal.

The court considered whether the respondent's conduct constituted a nuisance and if there was a need for a quia timet injunction, given the respondent's intention to cease his protest. The court examined relevant case law and found that while the respondent's actions were annoying and potentially disruptive, they did not meet the threshold of "watching and besetting" as defined in previous cases. Furthermore, the court was not satisfied that the respondent would continue his protest, given his indication to move on from the dispute. Consequently, the court dismissed the application and ordered the applicant to pay the respondent's costs.

In summary, the court held that the respondent's conduct did not amount to a nuisance and there was no justification for a quia timet injunction. The application was dismissed, and the applicant was ordered to pay the respondent's costs.