MCCOY CONSTRUCTION PTY LTD. V DABROWSKI (2000) QSC 385
Supreme Court of Queensland 26 October 2000
McCoy built kit homes which were open for display to members of the public. McCoy had constructed a home for Dabrowski but there were alleged defects in the building work.
When the parties failed to resolve their differences in respect of the construction work, the case was listed before the Building Tribunal. Prior to the hearing, Dabrowski stood before McCoy’s premises and told visitors to the premises that he had a contract with McCoy for the construction of his home and that there was a dispute that was currently awaiting determination before the Building Tribunal.
McCoy made an application to the court to restrain Dabrowski from engaging in a conduct that constituted nuisance.
What factors should the Court take into account in considering whether to grant an interlocutory injunction to prevent the nuisance continuing?