De Maid v C&K Anderson Pty Ltd

CITATION: De Maid v C&K Anderson Pty Ltd [2014] QCAT 10

PARTIES:	Arthur De Maid and Mary De Maid (Applicants)
v
C&K Anderson Pty Ltd ACN 058 794 433 (Respondent)

APPLICATION NUMBER: OCL101-10

MATTER TYPE: Other civil dispute matters

HEARING DATE: 6 June 2013 and 17 July 2013

HEARD AT: Brisbane

DECISION OF: Member A Fitzpatrick

DELIVERED ON: 7 January 2014

DELIVERED AT: Brisbane

ORDERS MADE:

It is ordered that:

1.    the metes and bounds of the site area which the applicants Arthur and Mary De Maid are entitled to occupy pursuant to their site agreement with the respondent, C&K Anderson Pty Ltd and which the respondent is to issue a site agreement in respect of, is in accordance with Area 2 described in the McNee North survey drawing, dated 17 May 2013.

It is declared that:

2.    the proposed site agreement filed in the Tribunal on 21 May 2013, does not comply with the Manufactured Homes (Residential Parks) Act 2003.

CATCHWORDS: Re-opening – metes and bounds of site area – compliance with Manufactured Homes (Residential Parks) Act 2003

APPEARANCES and REPRESENTATION (if any):

APPLICANTS: Self represented

RESPONDENT: C&K Anderson Pty Ltd represented by Mr Colin Anderson, Director.

REASONS FOR DECISION

1. On 30 April, 2013, the Queensland Civil and Administrative Tribunal directed, by consent that this proceeding be re-opened for the following limited purpose:

   a)    determining the metes and bounds of the site that the park owner is to issue a site agreement in respect of; and

   b)    determining whether the site agreement proposed by the park owner is in compliance with the Manufactured Homes (Residential Parks) Act 2003 (the Act).

2. The background to this direction is that on 21 August, 2012, the Tribunal delivered a decision finding that the applicants’ structure located at the respondent’s residential park, is a manufactured home as defined in the Act.  Consequently, it was found that the applicants were entitled to a site agreement pursuant to section 25 of the Act.  It was ordered that the respondent prepare and deliver to the applicants a written site agreement.

3. The parties have been unable to agree on the metes and bounds of the site nor the terms of the site agreement.

4. These issues form part of the broader site agreement dispute between the parties as to whether the De Maids are entitled to have the respondent enter into a written site agreement with them. Any Order made upon a consideration of these issues forms part of the Tribunal’s power under section 140 of the Act to make any Order it considers appropriate to resolve the dispute.

Site

1. The De Maids submit that the dimensions of the site they are entitled to occupy is a block of 263 square metres where the southern boundary runs to a concrete path at the back of the home and the western boundary is flush against a concrete shed slab on the western side.  The area is drawn and measured on McNee North Surveys drawing, dated 17 May 2013 and is…