Hastings Point park residents take case to Supreme Court
THE remaining residents facing eviction from the Hastings Point Holiday Village are taking their case for compensation to the Supreme Court.
The occupants of six homes in the park maintain the amounts awarded them by the New South Wales Civil and Administrative Tribunal (NCAT) are inadequate for them to acquire new homes.
"We are still going to be out on the street after September 2016," resident Judy Tucker, 62, said.
"Our houses have been valued by the tribunal as if they were being auctioned off the back of a truck, which is less than a third of their true value."
Ms Tucker said statements from Australian Residential Parks Association (ARPRA) president Gary Martin gave the impression the 2016 eviction date and compensation offered were acceptable because they were the findings of NCAT.
But Ms Tucker said Dr Martin's comments were aimed at calming the fears of the 3300 or so other park residents in Tweed Shire, many of whom had become worried and contacted ARPRA after the story became public recently.
Ms Tucker denied claims by ARPRA's Tweed secretary Ken Cummins that there had been "plenty of misinformation spread around" about the case.
The residents will appear at a new hearing of the tribunal on December 15 to seek an enforcement of work orders to clean up the park issued in May, which they say have been breached by the park's owners, TriCare.
Ms Tucker said the group's lawyers had this week filed papers in the Supreme Court to challenge the earlier rulings of the tribunal on compensation.
TriCare director Peter O'Shea said there had been "a very extensive legal process followed" in the Land and Environment Court and the tribunal, in which the residents were well represented.
Regarding compensation, Mr O'Shea said the residents "would be getting substantially more than they paid" for their homes.
A lot of the other residents of the park accepted the change of use ruling and had been very proactive in finding a new home, he said.
"It was never the arrangement for us to provide hundreds of thousands of dollars for them to find alternative accommodation," Mr O'Shea said.
"The courts provided the decision and the compensation amounts. All these matters are complex and they were considered by the tribunal in significant detail."
Dr Martin did not return the Tweed Daily News' calls.