Wadley Properties No.1 Pty Ltd v Goodall

[2012] QCAT 204

CITATION: Wadley Properties No.1 Pty Ltd v Goodall [2012] QCAT 204

PARTIES:	Wadley Properties No.1 Pty Ltd trading as Big4 Brisbane Northside Holiday Village (Applicant)
v
Ms Nola Esme Goodall (Respondent)

APPLICATION NUMBER:   OCL135-10

MATTER TYPE: Other civil dispute matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Susan Gardiner, Member

DELIVERED ON: 24 May 2012

DELIVERED AT: Brisbane

ORDERS MADE:     

1.   Wadley Properties No.1 Pty Ltd arrange installation of a water tank and hot water system as identified in the quote of WM and PD Adamson (Qld) Pty Ltd undated but provided to Wadley Properties on 25 January 2012 at the current site of the manufactured home of Ms Goodall within 21 days.

2.   Wadley Properties No.1 Pty Ltd pay all costs associated with such installation.

3.   Wadley Properties No.1 Pty Ltd comply with all requirements of the Ipswich City Council to enable that Council to issue a final building certificate to Ms Goodall’s manufactured home at its current site.

4.   Wadley Properties No.1 Pty Ltd provide a copy of such final building approval to Ms Goodall within 7 days of such final approval being granted.

CATCHWORDS:

MANUFACTURED HOMES – Termination of site agreement – terms of settlement agreed between the parties – issue as to who is to pay for improvements to the manufactured home at the new site to comply with the building requirements of the local council

Manufactured Homes (Residential Parks) Act 2003, ss 38, 40
Queensland Civil and Administrative Tribunal Act 2009, s 32(2)

W & T Enterprises (Qld) Pty Ltd v Way & Ors [2011] QCATA 323 applied
Day and Dent Constructions Pty Ltd v North Australian Properties Pty Ltd (1982) 40 ALR 399 applied

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of Queensland Civil and Administrative Tribunal Act2009 (QCAT Act).

REASONS FOR DECISION

1. Ms Goodall lived in a manufactured home in a Brisbane north side residential park for over 20 years.  She is 74 years old.  The park was a “mixed use” having at that time, manufactured homes with permanent residents, caravans and tourists. 

1. The current owner, Wadley Properties determined to progressively transition the manufactured homes out of the park.  The company sent notices to all residents affected by this decision in December 2009 advising them of this decision. 

1. Wadley Properties commenced termination proceedings against Ms Goodall in September 2010 under the Manufactured Homes (Residential Parks) Act 2003.

1. At a conciliation conference held in this Tribunal, an agreement was reached between the parties which in essence, set out terms for Ms Goodall to be relocated to another agreed residential park.  As it was the park owner who wished the termination for its purposes, the move was to be at the expense of Wadley Properties (by way of compensation) in line with the provisions of the Manufactured Homes Act[1].  This was also reflected in the terms of the agreement reached.

   [1]Manufactured Homes (Residential Parks) Act 2003, s 38(1)(f).

1. The settlement became a consent order of the Tribunal on 11 October 2011.  The agreement allowed that should any terms not be carried out, either party could request QCAT re-list the matter for a directions hearing.

1. Ms Goodall’s manufactured home was duly shifted and settled into the new park and Ms Goodall moved into her home in February 2012.  However, not all was well.  The local Council refused final building approval until Ms Goodall’s relocated home had new extra plumbing work carried out – in particular, the installation of a water tank and an energy efficient hot water system.  Neither of these features was present when the home was previously located at Wadley Properties’ residential park.

1. On 15 March 2012, Ms Goodall was served with an eviction notice by the local Council as no final approval had been given to the home and there were outstanding fees owing to the Council by Wadley Properties.  The fees were paid on 16 March 2012 by the company but the final approval remains outstanding through lack of the installation of the water tank and hot water system.

1. Wadley Properties objects to paying for these extra requirements, essentially saying that the company has spent enough money on Ms Goodall’s shift and that she should bear this expense herself.  Wadley Properties say that Ms Goodall is in a better position now than she was in the previous site as a lot of work has been done on the home upgrading it in the shift and the installation of the water tank and hot water system will save her money in the future.  The quoted cost of the work to install the water tank and hot water system is $6,347.00. 

1. The issue now to be determined is who should pay under the terms of settlement for the installation of the water tank and the hot water system identified and quoted in the quote of WM and PD Adamson (Qld) Pty Ltd undated but provided to Mr Wadley on 25 January 2012.

1. Paragraph 6.4(b) of the terms of settlement states the “Park Owner will obtain all relevant approvals to relocate the Home to the new Park in the manner described in Clause 6.4(a), however, such approvals are limited to those required by the New Park Owner and/or the local Council”. 

1. The terms of settlement binding these parties is very clear.  The Park Owner is to obtain all relevant approvals to relocate the Home to the new Park that are required by the local Council.  To obtain final building approval, the water tank and hot water system must be installed.  A plain reading of the agreement makes this installation the responsibility of Wadley Properties so that the final approval can be obtained from the local Council. 

1. This plain reading interpretation of the terms of settlement accords with the intention of the Manufactured Homes Act which requires park owners to compensate homeowners for the loss the homeowners suffer because the agreement is terminated early, and for a reason unrelated to their compliance with the terms of the site agreement[2] and is also consistent with the liberal approach taken in construing remedial provisions.[3]

   [2]Manufactured Homes (Residential Parks) Act 2003, s 40, see also W & T Enterprises (Qld) Pty Ltd v Way & Ors [2011] QCATA 323.

   [3]Day and Dent Constructions Pty Ltd v North Australian Properties Pty Ltd (1982) 40 ALR 399, 415.

1. It is Wadley Properties’ responsibility to obtain final building approval from the local Council and therefore the company’s responsibility to arrange the installation of the water tank and hot water system in accordance with the quote provided and to pay the costs of the work.  Orders are made in those terms.