Parkes Shire Council v South West Helicopters Pty Limited

Parkes Shire Council (the Council) sought to restrain South West Helicopters Pty Limited (South West Helicopters) from operating a helicopter landing site on land it owned, alleging the operation constituted a nuisance. The dispute concerned the lawfulness of the helicopter operations and whether they constituted a private nuisance for which the Council, as a neighbouring landowner, was entitled to relief. The matter was heard by the High Court of Australia.

The High Court was required to determine whether the operation of a helicopter landing site by South West Helicopters on its property constituted a private nuisance to the Council, a neighbouring landowner. Specifically, the court considered the nature of the interference caused by the helicopter operations and whether it was of a character that would be considered unreasonable in the circumstances, thereby giving rise to a cause of action in nuisance.

The High Court ultimately found that the operation of the helicopter landing site did not constitute a nuisance. The court reasoned that the interference complained of, namely noise and vibration from helicopter operations, was not of a character that would be considered unreasonable in the context of the surrounding land use. The court applied the established principles of private nuisance, which require a substantial and unreasonable interference with the use or enjoyment of land. In this instance, the court determined that the interference did not reach the threshold of unreasonableness necessary to establish a nuisance. The appeal was dismissed.