Van park buyers wait for $2.35m

RESIDENTS of a Tweed River caravan park are still waiting for $2.35m in compensation from its owner more than 12 years after they were sold waterfront villas they were not allowed to live in full-time.

The case was brought by NSW Fair Trading, which found the villas were sold as “permanent residences” despite the sites not having development approval for permanent accommodation.

In 2019, Gold Coast businessman John Allan Willmott, and two companies he directed, Jonval Builders and Hacienda Caravan Park, were ordered by the NSW Supreme Court to compensate people who had bought the villas from 2009-2012.

The court found the companies had engaged in misleading and deceptive conduct and that all three defendants had engaged in unconscionable conduct, and also ordered they pay interest and court costs.

The companies appealed the decision in 2020 and lost, before taking it to the High Court.

The High Court last week dismissed an extension-oftime application that would allow Mr Willmott and his companies special leave to appeal, finding “because there is no reason to doubt the correctness of the decision of the Court of Appeal, it would be futile to grant the extension sought”. The High Court also ordered Mr Willmott and the companies to pay costs of the latest application.

The initial decision found the villas were marketed to consumers under the pretence that they were suitable for permanent residents, even though the sites on which they were located did not have planning consent for permanent accommodation.

NSW Fair Trading brought proceedings in the Supreme Court of NSW after a series of complaints from buyers who purchased villas believing they would be able to live there permanently.

Minister for Better Regulation Kevin Anderson said the government had acted to protect the interests of consumers who had been misled.

“This is consumer regulation working exactly as it’s meant to – government going into bat for consumers that were victims of unscrupulous players in the market,” Mr Anderson said.

“These operators acted unconscionably, leading to consumers, including retirees, paying a premium for what they believed were permanent waterfront residences.”

“I’m glad that the consumers will be properly compensated.”

Mr Anderson advised prospective property buyers to check with their council to confirm the deal is above board and to seek independent legal advice.