Beauty Point Tourist Park resident John Lowe's eviction notice ruled 'invalid' by Tasmanian court

Australia Broadcast Center

11-06-2025

An eviction notice handed to a long-term resident of a caravan park in northern Tasmania was "invalid", a court has ruled.
John Lowe has lived at the Beauty Point Tourist Park since July 2022 in a converted caravan that he purchased from previous residents of the park for $82,000.
Mr Lowe and two others were issued eviction notices in July last year, a few months after he formed a residents' association due to issues arising at the park and began advocating to politicians, the media, and on social media.
The park said, at the time, those being evicted had "been actively engaged in a campaign of personal denigration against our directors".
Mr Lowe took his eviction to the Supreme Court, which today ruled in his favour.
"That [eviction] notice was invalid and of no effect," Supreme Court Acting Justice Shane Marshall ruled.
Tasmania is the only Australian jurisdiction that does not regulate caravan park living.
Acting Justice Marshall said the case demonstrated the "need for protection of long-term residents of caravan parks in Tasmania" so 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".
Last year, the Tasmanian government consulted the community on whether it should regulate caravan park living, but has not yet announced if it will introduce legislation.
The park is home to around 60 residents who pay fortnightly site fees, but they are not protected by tenancy legislation as they own their own homes.
In July last year, the Beauty Point Tourist Park brought in new rules which stated "site users" could be evicted without reason.
A few days later, Mr Lowe and two others were issued eviction notices.
Mr Lowe argued in court that he did not agree to the new rules. The judge agreed, ruling the 2024 rules were invalid.
"They do not seek to amend any particular part or parts of the 2019 rules but purport to wholly re-write them and to do so in a way that gives or purports to give the right of the caravan park management to eject the long-term resident from the park for any reason or no reason at all," Acting Justice Marshall said.
He said this was analogous to the employment contract of a "skilled medical professional" being changed so they are now "confined to sweeping the floors of the hospital and weeding its garden".
Acting Justice Marshall added the 2024 rules purported to "deprive long-term residents at the caravan park of any rights whatsoever".
The park had claimed residents were on fortnightly rolling licences, and their homes were removable.
Acting Justice Marshall disagreed, saying a social media post from the park "wrongly asserts that every occupant resides in a removable van and annexe".
Mr Lowe provided his agreement with the park to the court, which said his tenancy would expire in the year 2073.
The park argued it was "just a notional date".
"I reject that contention," Acting Justice Marshall said.
"The reference to a date so far in advance is indicative of the fact, as supported by all the surrounding evidence and circumstances, that the plaintiff was purchasing a right to reside at [the site] on a long-term basis."
The judge said the agreement for Mr Lowe to stay at the park was "in reality, a lease".
Last year, the court issued a temporary injunction against Mr Lowe's eviction while the case was heard.
The judge ordered that injunction continue, saying there was still an issue of "what orders the court should make to give effect to the conclusions reached".
Acting Justice Marshall said that would not be needed if the parties were able to themselves agree on the next steps, based on the judgment he delivered today.