Reimer v Brighton Bayside Caravan Park

[2025] QCA 6

Queensland Court of Appeal

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Catchwords

1. Practice and Procedure
2. › Inferior courts
3. › Queensland Civil and Administrative Tribunal
4. › Appeals to Court of Appeal
5. › Leave to appeal under s 150 QCAT Act
6. › Whether proposed appeal confined to questions of law
7. › Whether mixed questions of fact and law
8. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 150
1. Real Property
2. › Residential tenancies
3. › Moveable dwellings
4. › Whether dwelling was a 'manufactured home' or 'caravan'
5. › Characterisation as question of fact
6. › Manufactured Homes (Residential Parks) Act 2003 (Qld), s 10
7. › Residential Tenancies and Rooming Accommodation Act 2008 (Qld), ss 293, 297

Quick Take

Whether a dwelling is a 'manufactured home' under s 10 of the Manufactured Homes (Residential Parks) Act 2003 (Qld) depends on factual findings requiring an objective appraisal of the construction and function of the structure, and is a mixed question of fact and law that cannot ground an appeal under s 150 of the QCAT Act.

Case Details

Citation[2025] QCA 6

CourtQCA

JurisdictionQueensland

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The full text is available to signed-in members, including the 1 later case that cites this judgment.

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Cited by1

1995R v DalesQCA 329

Relies on4

2024Allen & Anor v Queensland Building and Construction CommissionQCA 24
2021Mizikovsky v Commissioner of PoliceQCA 22
2014Chandra v Queensland Building and Construction CommissionQCA 335
2006Monte Carlo Caravan Park P/L v Curyer & CuryerQCA 363

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