Wadley Properties No 1 Pty Ltd v Davis - [2012] QCAT 73

CITATION:		Wadley Properties No 1 Pty Ltd v Davis [2012] QCAT 73
PARTIES:	Wadley Properties No 1 Pty Ltd t/a Big 4 Brisbane Northside Holiday Village
v
Ms Eunita Dian Davis

APPLICATION NUMBER:

OCL102-10

MATTER TYPE:

Other civil dispute matters

HEARING DATE:

2 February 2012

HEARD AT:

Brisbane

DECISION OF:

Mr Jim Allen, Member

DELIVERED ON:

22 February 2012

DELIVERED AT:

Brisbane

ORDERS MADE:

The Tribunal makes the following orders:

1. The site agreement between Wadley Properties No 1 Pty Ltd t/a Big 4 Brisbane Northside Holiday Village and Ms Davis is terminated with effect from 4.00pm on 7 July 2012.

2. Ms Davis will give Wadley Properties No 1 Pty Ltd t/a Big 4 Brisbane Northside Holiday Village vacant possession of site 190 on or before 4.00pm on 7 July 2012.

3. Ms Davis will:

(a) Notify Wadley Properties No 1 Pty Ltd t/a Big 4 Brisbane Northside Holiday Village of a site (“the new site”) within a 300 kilometre radius of site 190 to which Ms Davis wishes to relocate her manufactured home;

(b) Provide Wadley Properties No 1 Pty Ltd t/a Big 4 Brisbane Northside Holiday Village with evidence, in the form of a site agreement, that Ms Davis has been accepted into the park at which the new site is located, by 4.00pm on 31 March 2012.

4. Wadley Properties No 1 Pty Ltd t/a Big 4 Brisbane Northside Holiday Village will upon compliance by Ms Davis with order 3 at its own cost and expense:

(a) Arrange for the relevant authorities to properly disconnect all services to the manufactured home at site 190 (including but not limited to telephone, electrical, plumbing and drainage services) and leave such services in a sealed and safe condition but in a state of readiness for reconnection;

(b) Remove Ms Davis’ manufactured home from site 190;

(c) Transport the manufactured home and Ms Davis’ personal effects to the new site;

(d) Restore site 190 to a neat and tidy condition following the removal of the manufactured home;

(e) Position the manufactured home at the new site;

(f) Repair any damage that may be done to Ms Davis’ manufactured home, whether during removal from site 190, transporting it to the new site, or during positioning of the manufactured home on the new site;

(g) Pay all and any council, licence permit or other fees payable for transporting Ms Davis’ manufactured home from site 190 to the new site;

(h) Pay all and any fees to council in relation to any application made for building approval to position Ms Davis’ manufactured home on the new site;

(i) Pay the costs associated with making Ms Davis’ manufactured home compliant with the building approval except where such costs are incurred due to the state of repair and maintenance of Ms Davis’ manufactured home;

(j) Pay all any insurance costs of moving Ms Davis’ manufactured home from site 190 to the new site;

(k) Connect telephone, electricity and gas to Ms Davis’ manufactured home at…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2012] QCAT 73
Decision Date: 22 February 2012

CaseChat Overview and Summary

Wadley Properties No 1 Pty Ltd, trading as Big 4 Brisbane Northside Holiday Village, sought to terminate a site agreement with Ms Davis, who had placed a manufactured home on the company's property. The termination was due to a change in use of the park. Ms Davis contested the termination and sought compensation for the relocation of her home. The matter was heard and determined by the Queensland Civil and Administrative Tribunal.

The central legal issue was the amount of compensation payable to Ms Davis for the termination of the site agreement and the subsequent relocation of her manufactured home. Wadley Properties argued that the termination was valid and that no compensation should be paid. Ms Davis contended that she was entitled to compensation for the significant costs associated with relocating her home.

The Tribunal found that the termination of the site agreement was valid as it was due to a change in use of the park. The Tribunal held that Wadley Properties was required to bear the costs of relocating Ms Davis's manufactured home, including disconnection and reconnection of services, transportation, restoration, and connection of utilities at the new site. However, the Tribunal determined that there were no grounds for compensation to be paid to Ms Davis, as the termination was justified and the costs of relocation were to be borne by Wadley Properties.

The Tribunal ordered the termination of the site agreement, set out the obligations of both parties in relation to the relocation of the manufactured home, and ordered Wadley Properties to pay no compensation to Ms Davis.

Orders

Orders of the court

The Tribunal makes the following orders:

1. The site agreement between Wadley Properties No 1 Pty Ltd t/a Big 4 Brisbane Northside Holiday Village and Ms Davis is terminated with effect from 4.00pm on 7 July 2012.

2. Ms Davis will give Wadley Properties No 1 Pty Ltd t/a Big 4 Brisbane Northside Holiday Village vacant possession of site 190 on or before 4.00pm on 7 July 2012.

3. Ms Davis will:

4. Wadley Properties No 1 Pty Ltd t/a Big 4 Brisbane Northside Holiday Village will upon compliance by Ms Davis with order 3 at its own cost and expense:

(b) Remove Ms Davis’ manufactured home from site 190;

(d) Restore site 190 to a neat and tidy condition following the removal of the manufactured home;

(e) Position the manufactured home at the new site;

(g) Pay all and any council, licence permit or other fees payable for transporting Ms Davis’ manufactured home from site 190 to the new site;

(h) Pay all and any fees to council in relation to any application made for building approval to position Ms Davis’ manufactured home on the new site;

(j) Pay all any insurance costs of moving Ms Davis’ manufactured home from site 190 to the new site;

(k) Connect telephone, electricity and gas to Ms Davis’ manufactured home at the new site; and

(l) Connect plumbing and drainage to Ms Davis’ manufactured home at the new site

All of the above to be undertaken by Wadley Properties No 1 Pty Ltd t/a Big 4 Brisbane Northside Holiday Village on or before 4.00pm on 30 June 2012.

5. Wadley Properties No 1 Pty Ltd t/a Big 4 Brisbane Northside Holiday Village is ordered to pay Ms Davis nil compensation for termination of her site agreement.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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