Wadley Properties No 1 Pty Ltd v Davis (No 2)

Wadley Properties No 1 Pty Ltd t/a Big 4 Brisbane Northside Holiday Village sought an order for the renewal of a decision terminating a manufactured home site agreement with Ms Davis. The agreement was terminated on the basis that Ms Davis had abandoned her manufactured home. Ms Davis opposed the application and sought compensation. The Queensland Civil and Administrative Tribunal (QCAT) was tasked with deciding whether the termination was justified and whether Ms Davis was entitled to compensation.

The tribunal considered the terms of the site agreement and whether Ms Davis had abandoned her manufactured home. The agreement provided that abandonment occurred if the manufactured home was left unoccupied for more than 30 consecutive days without the consent of the respondent. The tribunal found that Ms Davis had abandoned her manufactured home by leaving it unoccupied for more than 30 consecutive days. The tribunal also found that the respondent had given Ms Davis reasonable notice to vacate and that the termination was justified. Regarding compensation, the tribunal found that Ms Davis had not suffered any loss or damage as a result of the termination and therefore was not entitled to compensation.

The tribunal terminated the site agreement with effect from 4.00 pm on 7 July 2012, ordered Ms Davis to give vacant possession of the site by that time, and ordered the respondent to remove the manufactured home and transport it to a new site within a 300 kilometre radius of the original site. The respondent was also ordered to arrange for the disconnection of services, restore the original site, position the manufactured home at the new site, repair any damage to the manufactured home, pay fees and costs associated with the move, and connect services at the new site. All of these actions were to be completed by 4.00 pm on 30 June 2012. The tribunal also ordered that Ms Davis was not entitled to any compensation.