In Trinity Place Investments Pty Ltd v Kealley [2024] QDC 77, the District Court of Queensland, presided over by Judge Porter KC DCJ, addressed an application initiated by Trinity Place Investments for possession of a site within a residential park, where Vivien Betty Kealley resides. The key issue was whether the dwelling, Cabin 34, classified as a "manufactured home" under the Manufactured Homes (Residential Parks) Act 2003 (Qld), influencing the Court's jurisdiction to hear the application.
The Court concluded that Cabin 34 did not meet the definition of a manufactured home as it was not designed to be moved separately from the other half of the duplex structure. Consequently, Ms Kealley was not considered a homeowner under the Act, and the lease agreement was not a site agreement regulated by the Act. This determination affirmed the District Court's jurisdiction to proceed with Trinity's application for possession.
However, the matter was adjourned for further hearing, and the practical complexities related to potentially requiring vacant possession of Cabin 34 remain to be addressed.