MBR Acres Limited & Ors v Curtin & Persons Unknown

In a protest case the court may grant a final injunction restraining identified unlawful conduct (trespass and obstruction), framed contra mundum rather than by reference to categories of persons unknown, but will refuse relief where the alleged interference is not unlawful — applying the Bernstein principle, drone overflight at height does not infringe the landowner's ordinary use and enjoyment and so is not a trespass.