Thalassa Pty Limited v Hawkesbury River Marina Pty Ltd

Thalassa Pty Limited brought a claim against Hawkesbury River Marina Pty Ltd in the Supreme Court of New South Wales. The plaintiff sought relief from an alleged interference with its right to use a boat ramp and mooring facilities in the Hawkesbury River. The court had to decide whether the defendant had unlawfully obstructed the plaintiff's right of access to the river and if so, whether this constituted a tortious interference with the plaintiff's property rights. The plaintiff also sought damages for loss of profits and an injunction to prevent further interference.

The primary issue before the court was whether the defendant's actions constituted a sufficient interference with the plaintiff's right of access to the river to warrant legal redress. The court had to consider the nature and extent of the defendant's activities, including the installation of barriers and the enforcement of exclusive use agreements. The court also needed to examine the legal principles surrounding property rights in public waterways and the balance between private interests and public access.

In determining the case, the court examined the evidence presented by both parties and considered the applicable legal principles. The court found that the defendant's actions did amount to an unlawful interference with the plaintiff's right of access to the river. However, the court also noted that the plaintiff had failed to provide sufficient evidence to quantify the extent of the loss of profits claimed. Consequently, the court declined to award damages but granted an injunction to prevent further interference with the plaintiff's access to the river. The court's decision provided clarity on the rights and obligations of parties using public waterways, balancing private interests with the public's right to access.