Supreme Court judge says long-term residents of Tas caravan parks need legislative protection

Months after the court fight began, a retired cop has won the right to stay in his caravan park home, with a Hobart judge saying there is a “need for protection”. What the court heard.

Beauty Point Tourist Park. Picture: Google Maps

A Hobart judge has sided with a retired police officer facing eviction from his Beauty Point caravan park home, calling for legislation to protect long-term residents of caravan parks.

John Lowe, a former Tasmanian, Queensland and federal police officer, bought site 43 and its fixed structure at Beauty Point Tourist Park in July 2022 as his retirement home.

Yet, Mr Lowe told the Supreme Court of Tasmania that he received notice from the park’s director Joshua Manticas on July 15 last year that he would be evicted from his site at 5pm on September 13, alongside other long-term residents.

A hearing to determine whether Mr Lowe can stay at his site has carried on for months, with Acting Justice Shane Marshall handing down his judgment on Wednesday.

He concluded that Mr Lowe had “succeeded in all aspects of his claims” against the Beauty Point caravan park.

Some of the permanent residences inside Beauty Point Tourist Park. Picture: Facebook

These include that his occupation of the site was lawful and that if it wasn’t, the park had engaged in wrongful conduct, which disentitles them to require him to vacate his site.

Acting Justice Marshall also accepted that the change of rules by the park’s management from the 2019 to the 2024 set of rules “was not a proper exercise of the amendment power” in caravan park management, thus Mr Lowe’s occupation of his site was unaffected by the changes.

Acting Justice Marshall did reject Mr Lowe’s claims for a breach of Australian Consumer Law and that caravan park management was in breach of the Anti-Discrimination Act.

“It should be noted that this case illustrates the difficulty caused by Tasmania being the only State which does not have legislated protection for long term residents of caravan parks,” Acting Justice Marshall said.

“The facts and circumstances of this case demonstrate the need for protection of long-term residents of caravan parks in Tasmania so that they cannot be subject to uncertainty and oppression caused by those in the caravan park management industry, who wish to exercise their vast superiority in bargaining power, and act malevolently towards the residents.”

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Acting Justice Marshall adjourned the matter to a further directions hearing after consultation between both Mr Lowe and the Beauty Point Tourist Park with the Civil Listing Manager.

The injunction put in place on December 10 last year, preventing Mr Lowe’s eviction and removal of his belongings, remains in place.

Greens MP for Bass Cecily Rosol welcomed the judgment, stating the eviction of residents of the park has been “deeply distressing for them”.

“A safe and affordable home isn’t just a fundamental need, it’s a basic human right,” she said.

“Yet in Lutruwita / Tasmania, we are the only state that doesn’t give protections to long-term residents of caravan parks.

“It’s left long-stay residents in parks like Beauty Point vulnerable to exploitation and eviction with little notice.

“The Supreme Court has affirmed the need for the protection of long-term residents of caravan parks in this state, so they aren’t subject to unfair and uncertain tenancies. Long-term residents of tourist parks like those at Beauty Point deserve security and respect.”

Originally published as Supreme Court judge says long-term residents of Tas caravan parks need legislative protection