Magnetic Island resident takes Townsville City Council to trial in Planning and Development Court

A date has been set for a trial to begin between frustrated Magnetic Island residents and the Townsville City Council over long-term residency, with residents saying the matter has been ‘going round and round the mulberry bush’ for some time.

Mark Fishburn, Tony Green, and Alan Sheret leave the Townsville Courthouse after appearing in the Planning and Environment Court in September.

An ongoing dispute between frustrated long-term residents of a Magnetic Island resort and the Townsville City Council was once again heard on Friday morning, with a date set for a trial to begin to find a resolution.

Residents from Amaroo on Mandalay, who have been living there long-term, appeared before the court on Friday morning both in person and via video link.

The Townsville City Council filed an application in October 2023 against Amaroo on Mandalay unit owners, stating that the tourist holiday resort does not include permanent residency, with those living there full-time concerned they may be evicted.

The matter was discussed in Townsville City Council’s meeting on November 6 with in-house counsel Emma Micola giving a brief update.

The court heard in September that council was seeking to make a ‘favourable’ compromise to 100 long-term residents and that no further action would be taken against those accepting the deal.

The resort pool at Amaroo on Mandalay. Picture: Supplied.

One of the residents, Mark Fishburn, is challenging the deal meaning a trial would be needed.

Representative of several affected residents, Alan Sheret along with Mr Fishburn appeared in person in court, with several other residents appearing via video link on Friday morning.

One resident speaking via video link said the dispute had been “going round and round the mulberry bush.”

Townsville City Council legal representative Keith Wylie said he was seeking a date on behalf of the council to have the matter resolved as early as possible, noting Mr Fishburn filed an affidavit on December 5.

Mr Wylie said it appeared to comprise of a combined affidavit and outline or argument and that Council submits it can be treated in that way.

He said from the council’s perspective a date needed to be chosen to finalise the dispute.

Judge Coker noted the material filed and said Mr Fishburn had every right to be heard and oppose the application.

“This has to be resolved not only for Mr Fishburn’s benefit, but for all others involved in this matter,” he said.

Aerial view of Amaroo On Mandalay. Picture: Google Maps.

Mr Wylie also said the council would strongly oppose Mr Sheret preparing any additional evidence and additional outlines.

“The outcome sought by Mr Sheret and Mr Fishburn cannot be lawfully provided by the council or Your Honour,” he said.

Judge Coker replied it would be a matter “we will hear all about”.

He summed up proceedings by saying the matter must come to a conclusion.

“I, I think like all, am mindful of that fact that this matter needs determination for everyone’s benefit and so as I say I am disappointed I can’t get it on earlier …” he said.

“It’s been a very busy year and no doubt particularly from the perspective of the Body Corporate at Magnetic Island International Resort Hotel. A year that they wish to see behind them and see resolution.”

Following concerns from one resident who said opposing any further materials could be limiting and that tensions were high, Judge Coker said the matter will be resolved ‘one way or another’.

“I understand there is a lot at stake for a lot of people here, there is a lot at stake no doubt also for the Council,” he said.

A trial date has been set for March 20, 2025 in Townsville’s Planning and Environment Court.

Originally published as Magnetic Island resident takes Townsville City Council to trial in Planning and Development Court