Wadley Properties No 1 Pty Ltd v Davis

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.