NSW "Eviction" of damage aircraft from my hangar

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T-Bone

Member
19 January 2025
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I have been storing a damaged aircraft in my hangar free of charge as a favour to the owner for over 2 years. I have asked the owner to come and remove his aircraft as soon as possible, but he refuses to commit to a date when he is able to do so - saying he will move it when it suits him.

What legal process (steps) do I need to comply with to get him to remove his aircraft from my hangar?

It is a vintage biplane. One lower wing has been removed and sent away for repairs 2 years ago which have stalled. The upper wing is supported by a ladder and to shift the aircraft, the remaining wings will need to be moved. The owner has his own (empty) hangar at another airport 100 kilometres away. It is a simple task to remove the remaining wings and load onto a truck for transport.
Thank you in advance/
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
Going only by what you have said here,
missing facts missing, and
with all unspoken ifs, buts, maybes, excepts, and unlesses not allowed for,
I don't see where he has any rights of the kind that a tenant or lessee would.
Not do I see where you have any kind of obligation to continue to give him free storage.

Have you given him formal notice in writing?
With some sort of a date of effect on it?
 

T-Bone

Member
19 January 2025
2
0
1
I haven’t given him formal notice yet and will do so end of this month.
I will give him a formal notice, via email and letter of 90 days. I think this is more than a reasonable timeframe?
It gives him more than enough time to organise it’s removal in my opinion.

Your thoughts on the time frame? I would prefer less time, but don’t want it to be deemed unreasonable should this escalate to the courts.

If he does not remove it by the expiry of the notice period, I will get the remaining wings removed, so it can be moved and will push it onto the airport tarmac. Then it becomes the problem of the council who owns the airport.

I have offered to assist this guy to get his aircraft ready for transportation and have an engineer and people lined up to help. He has not responded to my offer.