De Maid v C&K Anderson Pty Ltd [2014] QCAT 10

CITATION: De Maid v C&K Anderson Pty Ltd [2014] QCAT 10 PARTIES: Arthur De Maid and Mary De Maid (Applicants) v C&K Anderson Pty Ltd ACN 058 794 433 (Respondent) APPLICATION NUMBER: OCL101-10 MATTER TYPE: Other civil dispute matters HEARING DATE: 6 June 2013 and 17 July 2013 HEARD AT: Brisbane DECISION OF: Member A Fitzpatrick DELIVERED ON: 7 January 2014 DELIVERED AT: Brisbane ORDERS MADE: It is ordered that: 1. the metes and bounds of the site area which the applicants Arthur and Mary De Maid are entitled to occupy pursuant to their site agreement with the respondent, C&K Anderson Pty Ltd and which the respondent is to issue a site agreement in respect of, is in accordance with Area 2 described in the McNee North survey drawing, dated 17 May 2013. It is declared that: 2. the proposed site agreement filed in the Tribunal on 21 May 2013, does not comply with the Manufactured Homes (Residential Parks) Act 2003. CATCHWORDS: Re-opening – metes and bounds of site area – compliance with Manufactured Homes (Residential Parks) Act 2003 APPEARANCES and REPRESENTATION (if any): APPLICANTS: Self represented -- 1 of 12 -- 2 RESPONDENT: C&K Anderson Pty Ltd represented by Mr Colin Anderson, Director. REASONS FOR DECISION [1] On 30 April, 2013, the Queensland Civil and Administrative Tribunal directed, by consent that this proceeding be re-opened for the following limited purpose: a) determining the metes and bounds of the site that the park owner is to issue a site agreement in respect of; and b) determining whether the site agreement proposed by the park owner is in compliance with the Manufactured Homes (Residential Parks) Act 2003 (the Act). [2] The background to this direction is that on 21 August, 2012, the Tribunal delivered a decision finding that the applicants‟ structure located at the respondent‟s residential park, is a manufactured home as defined in the Act. Consequently, it was found that the applicants were entitled to a site agreement pursuant to section 25 of the Act. It was ordered that the respondent prepare and deliver to the applicants a written site agreement. [3] The parties have been unable to agree on the metes and bounds of the site nor the terms of the site agreement. [4] These issues form part of the broader site agreement dispute between the parties as to whether the De Maids are entitled to have the respondent enter into a written site agreement with them. Any Order made upon a consideration of these issues forms part of the Tribunal‟s power under section 140 of the Act to make any Order it considers appropriate to resolve the dispute. Site [5] The De Maids submit that the dimensions of the site they are entitled to occupy is a block of 263 square metres where the southern boundary runs to a concrete path at the back of the home and the western boundary is flush against a concrete shed slab on the western side. The area is drawn and measured on McNee North Surveys drawing, dated 17 May 2013 and is shown as Area 2, attachment AMDM 13 to the De Maids‟ submissions filed 27 May 2013 (Exhibit 2). [6] The respondent does not wish to raise argument about the exact dimensions of sites 27 and 28 where the De Maids‟ home is located, or whether the home is situated on site 28 only or on site 27. Rather, the respondent submits that the site the applicants are entitled to occupy: a) is the site where the De Maids‟ structure is located (which incorporates site 28 and a partial encroachment on to site 27; and b) is not the vacant site adjacent to where the applicants‟ structure is located (which incorporates the balance of site 27). -- 2 of 12 -- 3 [7] The reference to sites 27 and 28 is a reference to sites drawn up on a map of the Park prepared in the 1980‟s, which is attached to Mr Anderson‟s statement, filed 5 June, 2013 (exhibit 8) being attachment “A”. There are no dimensions on the site map. [8] The respondent submits that the site the De Maids are entitled to occupy and the metes and bounds of that site are depicted in a drawing prepared by Fredriksen Maclean & Associates, dated 16 June 2013, attachment 1 to the respondent‟s final submissions filed 31 July 2013. That depicts a site of 312 square metres. In essence the site the respondent contends the De Maids are entitled to occupy is comprised of the area occupied by the home with a 1.5 metre boundary on the eastern and western sides and extending back past a large fig tree at the back of the home on the southern side. Mr Anderson has indicated that the respondent is prepared to shorten the length of the site to inside the fig tree, in view of the De Maids‟ objection to the tree forming part of the site. [9] In the late 1990‟s the De Maids commenced occupation at the Park when they purchased a structure located on Site 60. [10] In early 2000 the De Maids relocated their structure to an area of the park along the back boundary where other permanent residents were located, away from the temporary guests to the Park. The site is said by the De Maids to have been the only location in the Park big enough to take their structure. The relocation was undertaken with the consent of the then owner, Mr Rodney Maule. The De Maids bore the cost of the relocation. Mr Maule constructed at his cost a sewerage line to the site and hard wired the electricity at the site to the home. There is a dispute as to who requested the relocation. [11] The De Maids reconstructed their home on site 28. The home took up most of site 28. Once the carport was re-attached it encroached into site 27. A garden shed was constructed on a slab in the corner of site 27 and another temporary shed was erected on site 27 to store building materials whilst the reconstruction was being undertaken. [12] Mr Maule was present on site during the relocation. He observed the placement of the structure and the use of site 27. He agrees that he said nothing to the De Maids and made no objection, although his evidence is that he was not asked and did not consent to the garden sheds and use of site 27. He said that at the time the land was of little value to him. [13] The De Maids say that their site boundaries were defined by a point inside the fig tree at the back, the power pole for lots 26 and 27 on the eastern side and the fence at the edge of lot 27 on the western side. There were no pegs or other means of discerning a boundary. Mr Maule denied expressly approving those dimensions for the site to be occupied by the De Maids. [14] The temporary garden shed has been taken down. In 2008, the garden shed in the corner of site 27 was taken down, leaving the slab. -- 3 of 12 -- 4 [15] The De Maids have used site 27 as their own, in particular parking vehicles and a boat on the site. They have mowed and maintained the site. [16] The De Maids say that they were given both sites 27 and 28 for their occupation when their home was relocated. [17] They argue that both sites have been treated as one site only and numbered site 27. That number appears on the invoices received from the owners. They are connected to the electricity meter box for site 27. [18] The De Maids say that Mr Maule‟s daughter, who had an interest in the Park, noted their site as site number 27, not 28 so that it could not be booked by guests given that part of it was vacant. Mr Maule denied this was the case, however, the De Maids were adamant on the point. Mr Maule‟s daughter was not called to give evidence. [19] The De Maids say that they paid an extra $10 per week for occupation of the larger site. Mr Maule could not recall what the arrangements for rent for the site were. He could not recall if he told Mr Anderson that the extra $10 was for use of the shed. [20] For the first time an agreement in writing was entered into between the Park Owner and Mrs De Maid on 19 January 2004. The agreement was a Form 18b Moveable Dwelling Tenancy Agreement pursuant to the Residential Tenancies Act 1994. The premises were described as site 27. [21] Mr Maule agreed that during his time the balance of site 27 was not rented to other people. [22] The Park was sold to the respondent in November 2006. [23] The De Maids say they have been travelling around Australia as grey nomads for a number of years. Mr Anderson disputes that they are travelling and asserts that they have moved to the Northern Territory to pursue business interests. Whilst they have been absent the Park Owner has from time to time rented the vacant part of site 27 for use by caravans. The De Maids say that they gave permission for people to camp on site 27 when the Park was particularly busy. [24] Mrs Anderson‟s evidence was that she had been told by Mr Maule that an extra $10 per week was payment for use of the garden shed on site 27. Mr Anderson‟s evidence was that from the time the respondent took over the Park in late 2006, receipt of the $10 per week was stopped because they wished to use site 27 and to rent it out. The De Maids deny this has occurred, they say they paid $63 per week on their old site, which went to $73.00 per week for the new site to take account of the increased size and that rent has gradually been increased to $130 per week in accordance with CPI, with no deduction of the $10 per week. I note from attachment AMDM 8 to the De Maids‟ submissions filed 27 May 2013 that the site rent -- 4 of 12 -- 5 is $140 per week, GST inclusive of 5%, plus a per person per day visitor charge of $10.00. [25] Mr Anderson‟s evidence is that the vacant part of site 27 is big enough for a caravan site. He has drawn up a new site plan to reflect that, without reference to the old site plan for the Park. He said the casual rate for use of the site is $280 per week or $40 per night. Mr Anderson said that he is free to carve up sites to any size he wishes for use in the Park, subject to people‟s rights. [26] Mr Anderson‟s evidence was that he did not think the De Maids had any entitlement to all of site 27 and 28 and that they have simply encroached on the vacant land over the years, which he sees as an impost on his freehold business. He makes the point that whilst the De Maids have been absent their son has been living in the home, but he left in May 2013 and removed all equipment which had been sitting on site 27. [27] At the hearing Mr Anderson suggested that there was a Council requirement for a 2 metre set back from a site boundary to a home. No explanation or substantiation of that requirement was given. I note that in an email dated 4 May 2013 to the De Maids, attachment AMDM 11, to the De Maids‟ submissions filed 27 May 2013, that Mr Anderson advised „With regard to the draft tenancy agreement, I have decided for the purpose of clarity the site dimension is now to be one point five metres around the perimeter of your structure’. Findings [28] Trying to determine the dimensions of the site the De Maids are entitled to occupy is difficult because nothing is in writing and people‟s recollections and interpretation of events have naturally shifted over the years. Further, the respondent was not the Park Owner at the time the De Maids moved to sites 27 and 28. [29] It is clear that the De Maids‟ structure occupies all of site 28 and part of site 27. There is no challenge to that fact and no attempt to deny their entitlement to occupy all the land on which the home is located. The question is whether they are entitled to exclusively occupy the balance of the vacant part of site 27. They have done so for at least the period from 2000 to 2008 and then regularly until May 2013 apart from some occasions when the vacant land has been rented during that latter period, either with their permission or without their knowledge. [30] I find that although Mr Maule may not have expressly described the boundaries of the site onto which he agreed to allow the home to be constructed, his conduct was consistent with consent to occupation of the whole of sites 27 and 28. On his own evidence he took no steps to correct any misapprehension on the part of the De Maids as to their entitlement to use the whole of the two sites. That is entirely consistent with the status of the land at the time. It was disused and on his own evidence of little value -- 5 of 12 -- 6 to Mr Maule. I find that Mr Maule consented to occupation of sites 27 and 28 by the De Maids. [31] I accept the evidence of the De Maids and find that the extra sum of $10 per week, adjusted regularly as part of the site rent, has continued to be paid by the De Maids as consideration for occupation of sites 27 and 28. As Mr Maule could not recall the basis of the payment, I accept the De Maids evidence that the payment was made in payment for occupation of the two sites. I cannot accept the Andersons evidence in relation to the payment as they were not parties to the arrangement in the first place and Mr Maule was unable to confirm at the hearing that the payment was only for use of the garden shed on site 27 as they asserted. [32] Finally, I accept that the De Maids have maintained the vacant part of the site. [33] I find that the metes and bounds of the site to which the De Maids are entitled to occupy is Area 2 in the McNee North Survey drawing, dated 17 May 2013. Site Agreement [34] In the decision of 21 August 2012, I ordered that the respondent prepare and provide a written site agreement to the De Maids. Clearly, a written document agreed between the parties is desirable in providing certainty to them in their dealings in the future. Section 25 of the Act provides that a Park Owner must ensure a site agreement is written to the extent and in the way required by section 25. [35] It is relevant to enquire as to the nature of the current agreement between the parties. [36] Mrs De Maid signed a Form 18b Moveable Dwelling Tenancy Agreement dated 19 January 2004, made pursuant to the Residential Tenancy Act 1994. The agreement appears as Annexure E to the statement of Mr Anderson, filed 5 June 2013. During the last hearing in this matter, the De Maids challenged whether the Special Terms at Part 12 of the Agreement were added to the agreement after it was signed by Mrs De Maid. No finding was made on the issue as it was not relevant to the central issue of whether the structure in question was a manufactured home. [37] What is the effect of Form 18b document in the context of the Act? Putting to one side the challenge to the document, I do not think it constitutes a “relevant agreement” under section 148 of the Act, being an agreement under the repealed Mobile Homes Act 1989, because it was not made under that Act. It was made under the Residential Tenancy Act 1994, even though that was misconceived. [38] I do not think the Form 18b document can constitute a site agreement as defined under section 14 of the Act because it does not provide for the -- 6 of 12 -- 7 De Maids‟ non-exclusive use of the park‟s common areas and communal facilities as required by section 14(a)(iii) of the Act. [39] I find that the agreement dated 19 January 2004 is not a document with any force in terms of the rights and obligations of the parties under the Act. [40] Plainly, however the parties have agreed in relation to a number of matters which has enabled the De Maids to reside at the Park in their manufactured home for many years. I find that the De Maids and the respondent are parties to an unwritten site agreement, the terms of which must be drawn from the conduct of the parties. [41] To the extent that the unwritten site agreement operated during the currency of the Mobile Homes Act 1989, it is a “relevant agreement” as contemplated by section 148 of the Act. Section 151 of the Act provides that in the case of a relevant agreement that is not written, the parties must put the agreement into writing, as required under section 25 and sign the agreement. If the parties fail to agree on the terms, either party may apply to the tribunal for an order about the matter within 3 months after the commencement of the Act on 1 March 2004. The parties have not done so. The result is that by section 151(5) of the Act, section 25 applies to the relevant agreement from 1 July 2004. By section 25(7), nothing in the section affects the enforceability of a site agreement that is not written. [42] The parties are currently governed by an unwritten site agreement, supplemented by the terms implied by the Act and the decision of this Tribunal as to the metes and bounds of the site. If the parties cannot agree on the terms of a site agreement, the unwritten site agreement will continue to govern the parties, no doubt with the necessity to obtain findings based on evidence as to some of the terms of that agreement. [43] The parties cannot agree on the terms of a written site agreement proposed by the respondent and provided to the De Maids in accordance with the Order made on 21 August 2012. [44] The respondent seeks a declaration that the proposed site agreement complies with the Act and is a valid site agreement for the purposes of the Act. It seeks a declaration that the De Maids ought to sign the proposed site agreement within 14 days of the Order and any other order the Tribunal considers appropriate. [45] At the outset, I note that the enquiry of this Tribunal is not as to whether the proposed site agreement is “valid”, but rather whether it complies with the Act. I do not think the concepts are interchangeable as the respondent contends. Valid is defined as „having a sound basis in logic or fact; reasonable or cogent’.1 These are not findings I intend to make. 1 Oxford Online Dictionary, Oxford University Press as at 24 December 2013. -- 7 of 12 -- 8 [46] The parties have filed detailed submissions in relation to the terms of the proposed written site agreement, including schedules dealing with the De Maids‟ objections to most of the clauses in the 25 pages of Special Terms and Park Rules. I have considered the submissions and schedules. [47] I do not accept the respondent‟s submissions that if a matter is not prohibited by the Act then it cannot be inconsistent with the Act. Although a clause which is prohibited by the Act is inconsistent with the Act, I consider inconsistency is a broader concept and that I am entitled to look to the objects and content of the Act in determining whether a particular clause is inconsistent with the Act and thereby does not comply with the Act. I do however broadly agree with the respondent that if the Act does not deal with an issue, it may be the subject of a Special Term. [48] The De Maids submit that some of the special terms proposed by the respondent are matters for negotiation between the parties and outside the scope of the tribunal‟s jurisdiction. They submit that the Tribunal only need to find one of the terms of the site agreement does not comply with the Act to determine that the site agreement does not comply with the Act. I accept that submission. They say that the Tribunal cannot by a declaration provide that they ought to sign the proposed site agreement. [49] The De Maids make the point that they are not in the position of an ordinary home owner who has the option to decide not to buy a home in the Park or enter into a site agreement because the terms are too oppressive. The De Maids are already home owners and have been for a very long time and are already in the Park so that option is not available to them. They do not wish to be bound by terms unacceptable to them and not negotiated by them. They do not wish to be prejudiced in any future dispute with the respondent by being bound to such terms. [50] I agree that in circumstances where the parties have been maintaining a commercial arrangement for many years and in circumstances where they have the rights afforded them by the Act, including the means to resolve disputes, it would be inappropriate to impose new and different terms which have not been freely negotiated, particularly in the form of a complex and lengthy legal document such as that proposed by the respondent. [51] For this reason I decline to order that the De Maids ought to sign the proposed agreement, whatever my findings as to whether the proposed agreement complies with the Act. [52] There is of course nothing to stop the parties continuing to negotiate a mutually acceptable agreement. It is in their interests to do so to avoid a range of applications to the Tribunal to resolve disputes and with an eye to any future assignment of the De Maids‟ interest in the site agreement. I urge the parties to take advice, if necessary to engage in mediation or assisted negotiation and to be realistic about their circumstances. -- 8 of 12 -- 9 [53] I note that this is an approach taken by this Tribunal‟s predecessor, the Commercial and Consumer Tribunal.2 [54] I find that all the Special Terms of the proposed site agreement are matters for negotiation between the parties. I make no finding in relation to any clause other than those set out below. With respect to the clauses which I have found do not comply with the Act, even if the respondent redrafts the clauses, those terms must still be negotiated and agreed. In relation to the Park Rules, I do not consider they contravene section 77 of the Act. [55] The reference points which I consider are relevant in this case for determining whether the proposed site agreement complies with the Act are; a) Consistency with the Objects of the Act: (a) to protect home owners from unfair business practices; and (b) to enable home owners, and prospective home owners, to make informed choices by being fully aware of their rights and responsibilities in their relationship with park owners. b) Whether sections 23, 24, 25, 43, 58, 77 and 96 of the Act are or may be contravened. [56] I consider the following clauses do not comply with the Act: a) Part 1 – Schedule, section 3. The site agreement must describe the site by reference to the metes and bounds decided in this Tribunal; b) Special Term (ST) 1(a) – Payment of site rent and other charges. The “other charges” are not defined and not referred to in a precise way as required by section 25(4)(c) and section 25(i)(i) of the Act, so that the De Maids clearly understand their liability for charges, consistent with the Objects of the Act. c) ST 2(b) – Rent Reviews CPI rent reviews. This term has the potential to offend the Object of the Act that the Home Owner be fully aware of their rights and responsibilities in their relationship with the Park Owner. This is particularly the case where the site is of mixed use. Without precise definition, mixed use brings with it a difficulty in determining the land comprising the Park, for the purpose of apportioning land tax and local government charges, thereby affecting the ability of the De Maids to know what the site rent or varied site rent may be. Further, the term “Sites” in the formula for rent review has not been defined to ensure precision under sections 25(4)(c) and 25(i)(iii) of the Act; d) ST 2(c) – Market Rent Reviews. The relationship of this clause with sections 69 and 71 is not clear, including whether the intention of the Park Owner is merely to undertake a market rent review or whether it 2 Kolb,W. v Jaruffe, S. and Jauruffe, S. [2005] QCCTMH 23; Sheppard, B. v Teru Pty Ltd, t/a Gold Coast Holiday Park [2005] QCCTMH 15. -- 9 of 12 -- 10 is to conduct a review and give notice under section 69. Section 25(4)(c) requires greater precision. e) ST 3(e) - Other Charges purports to impose on the Home Owner an obligation to pay all other charges and other assessments for the Site Area which are or become payable for the use and occupation of the Site Area. The clause lacks precision as required by section 25(4)(c) of the Act, given the lack of an exhaustive definition of “other charges” and the possibility of conflict with section 99A of the Act, when requiring the Home Owner to pay the other charges. f) ST 3(g),(h),(i) and (j) – Additional Charges purports to impose on the Home Owners all charges for additional occupants and “other similar charges” which are not defined, together with “any further additional charges notified to the Home Owner” which are also not defined. The clause lacks precision, it does not say what the additional charges may be as required by section 25(4)(c) and section 25(i)(i) of the Act. g) ST 6(a) purports to oblige the De Maids to “occupy” their home as their “principal” place of residence. Section 16(a) of the Act, which forms a standard term of any site agreement, provides that the De Maids may “use” the site only as a place of residence. That contemplates something less than occupation for the majority of the time. I agree with the submissions of the De Maids that the proposed term seeks to limit the use of the home. To that extent it purports to restrict the operation of a provision of the Act about the terms of a site agreement in breach of section 23(1) of the Act and demonstrates an intention to defeat the operation of the Act. I also agree that to the extent the standard term contemplates use rather than occupation, it may in some circumstances be inconsistent with the special term. Accordingly, I find that in accordance with section 24 of the Act, the standard term would prevail and the special term would be void if the proposed site agreement were entered into. h) ST 8(g) purports to impose an obligation on the De Maids to provide the Park Owner and any proposed purchaser or Eligible Assignee with a current pest and building inspection certificate. I agree with the submissions of the De Maids that this term has the potential to hinder a proposed assignment of the seller‟s interest, contrary to section 43 of the Act and has the potential to hinder the sale of the De Maids home contrary to section 58(1) of the Act. i) ST 8(h) purports to provide that in the event of an Assignment, unless the Act provides otherwise, the De Maids acknowledge that they are not released from their obligations under the Site Agreement and will only be released from the date the Assignment takes effect if the Eligible Assignee enters into a fresh Site Agreement with the Park Owner. I agree with the De Maids that this term has the potential to hinder a proposed assignment of their interest, contrary to section 43 of the Act, requiring as it does a fresh agreement on unknown terms to be entered into by an Eligible Assignee. -- 10 of 12 -- 11 I also agree that such a term appears to be inconsistent with the Part 7 of the Act that the home owner is entitled to assign their interest in their site agreement for the site. Accordingly the proposed term would be void to the extent of the inconsistency in accordance with section 24(1) of the Act. j) ST 11 (d), (e) and (f) set out an obligation on the De Maids to grant the Park Owner a right of first refusal to purchase the home. I agree with the De Maids that there is potential to hinder an assignment of the home contrary to section 58(1) of the Act. That is particularly the case because of the 7 days allowed to the Park Owner to consider the offer and the requirement for the Home Owner to enter into a contract with the Park Owner on presently unknown terms and conditions. k) ST 14 seeks to exclude and negative any legislation which in the sole opinion of the Park Owner has an adverse impact on the operation of the site agreement. The provision is qualified so that the Park Owner may act only “to the fullest extent permitted by law”, however, the provision is not written with any precision as it seeks to exclude or negative an as yet unknown legislative provision which may have benefits for the home owner and allows for a subjective test of “adverse impact”. The proposed term appears to be contrary to section 25(4)(c). l) ST 20 sets out a range of definitions. It is not clear whether those definitions seek to impact on sections of the Act or whether they relate only to topics covered in the Special Terms. I note:  the definition of “Assignment” to mean any agreement, arrangement or understanding which has the purpose or effect of allowing any person other than the person who executes the Site Agreement as Home owner to occupy, even temporarily, the Manufactured Home or any part of the Site Area and, without limitation, includes any home swapping or home sharing arrangement, irrespective of whether or not any monies or other consideration or relief from payment is received by the Home Owner and any devolution pursuant to a Will. Such a meaning of assignment is an expansion of the concept of sale of a home combined with assignment of the seller‟s interest in the site agreement and difficult to accommodate in terms of the required steps for execution of an assignment under the Act. The Act contemplates transfer of an interest on a permanent basis, not transfer of the Home Owner‟s interest in the site agreement to a temporary occupant. If on the other hand the definition is intended only to apply to Special Term 8 (g) - provision of pest and building inspection certificates to Eligible Assignee; (h) - requirement for Eligible Assignee to enter fresh site agreement before Home Owner released; and Special Term 11 (d) – first right of refusal, the -- 11 of 12 -- 12 definition creates nonsensical obligations contrary to the requirement for precision in section 24(4)(c) of the Act.  The definition of “Authorised Occupant” is a person who is entitled to occupy the home with the Home Owner. The Special Terms contemplate guests staying for a period of time with the Home Owner because of the imposition of additional charges of $10 per night for each additional occupant. However the definition goes further and purports to impose a condition that no more than 2 people including the Home Owner can occupy the home. In this case there are 2 Home Owners. The condition suggests that the De Maids could never have an overnight guest. That condition is buried in the site agreement, in a way which is not consistent with the precision and plain language required by section 24(4)(c) and (d) of the Act.3  “Eligible Assignee” is defined to mean, subject to the discretion of the Park Owner, an Authorised Occupant who is not less than 50 years of age. If that definition is intended to apply to Part 7 of the Act with respect to sale of the home and assignment of the De Maid‟s interest in the site agreement, the effect would be to hinder the assignment contrary to section 43 of the Act, as there could be no Authorised Occupant on the earlier definition given there are 2 Home Owners. The restriction to persons aged over 50 years would also severely limit the field of potential purchasers so as to hinder any sale. Orders [57] For the reasons set out in this Decision and in order to assist in resolution of the site agreement dispute between the parties: (i) It is ordered that the metes and bounds of the site area which the applicants Arthur and Mary De Maid are entitled to occupy pursuant to their site agreement with the respondent, C&K Anderson Pty Ltd, and which the respondent is to issue a site agreement in respect of, is in accordance with Area 2 described in the McNee North survey drawing, dated 17 May 2013. (ii) It is declared that the proposed site agreement filed in the Tribunal on 21 May 2013, does not comply with the Manufactured Homes (Residential Parks) Act 2003. 3 Manufactured Homes (Residential Parks) Bill 2010 – Explanatory Notes p5 and p6. -- 12 of 12 --