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Children take over their mother's case against caravan park following her death

By Ashleigh Barraclough

Children take over their mother's case against caravan park following her death

The trial will take place after the conclusion of an appeal relating to the case of a different resident at the Beauty Point Tourist Park.

When Carlie-Anne Smith and her siblings lost their mother, they knew they would need to deal with more than just grief.

In the last months of her life, Roslyn Grima was fighting in court for the right to sell her home at the Beauty Point Tourist Park in northern Tasmania.

She was terminally ill and planned to use the money from the sale to fund cancer treatment and her funeral.

But the caravan park has banned on-site sales since February last year, after the local council said it was not approved for residential use -- despite people having lived there for decades.

The West Tamar Council issued an enforcement notice that prevents any further residential use, but said those currently living there did not have to move.

The park said those who leave would have to remove their homes from the site or destroy them.

Residents have disputed the idea that their homes can be relocated, including Ms Grima, whose lawyer told the Supreme Court it was a "fallacy" and her place was "fixed to the ground".

Her lawyers argued in court that her place could have future use as a holiday home or visitor accommodation.

The judge granted Ms Grima an expedited trial due to her condition and ruled she could list her home on the market ahead of a final decision.

But Ms Grima died last month, before the trial could begin.

Her children -- Carlie-Anne, Matthew and Kasey Smith -- are taking on the case.

"That's what Mum wanted us to do," Carlie-Anne Smith said.

Caravan park facing multiple legal challenges

The court case surrounding Ms Grima's home is not the only one the caravan park is fighting.

In July last year, the park issued an eviction notice to John Lowe -- the president of the park's residents' association -- but Mr Lowe took the matter to the Supreme Court.

The judge ruled the eviction notice was "invalid and of no effect".

"The facts and circumstances of this case demonstrate the need for protection of long-term residents of caravan parks in Tasmania so that 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," Acting Justice Shane Marshall said.

The park is fighting the verdict, with an appeal set to be heard in March next year.

Tasmania's Attorney-General Guy Barnett has filed a notice of intervention in the appeal.

"That is unusual," he told a budget estimates hearing last week.

"I take it very seriously, the role and responsibility that I have, and appreciate the views of those in the community, but particularly those long-term residents in caravan parks."

The Supreme Court determined Ms Smith's trial, regarding the sale of her mother's home, would take place after the conclusion of the park's appeal of Mr Lowe's verdict.

After ongoing advocacy from residents at the Beauty Point Tourist Park, the state government this year promised to regulate the residential use of caravan parks -- the last jurisdiction in the country to do so.

Mr Barnett said draft legislation would be released for consultation before Christmas.

"In the first quarter of next year, I would hope to introduce such legislation to provide improved protections and stronger protections for long-term residents in caravan parks, and clarify the position with respect to both owners and the long-term residents," he said during budget estimates.

Roslyn's children say they're fighting for other residents

Carlie-Anne Smith said a big reason she and her siblings were continuing their mother's case was to support the other residents at the park.

"It will give people faith in the system, more so than anything, because right now they've been living in fear for so long," Ms Smith said.

Multiple residents have been issued eviction notices in the past few years, and others have spoken about their fears they could be next.

Ms Smith and her siblings are also determined to continue the legacy of "the best woman in our lives".

"She was a pocket rocket, everyone that met her loved her, she was just a big bubble of bliss," she said.

Caravan park director departs

The managing director of the Beauty Point Tourist Park, Joshua Manticas, told the ABC he had sold his shares in the company and no longer held any interest in the property.

"Whilst the terms are confidential, we are very pleased with the result," he wrote over email.

"Over the past five years, we have proudly strengthened the business significantly through investment, expansion, and building a dedicated local team and transforming the property into one of northern Tasmania's busiest short-term accommodation providers, leaving the park in its strongest position to date and returning exceptional value to our shareholders.

A company search shows Henry Ralph Shannon, based on Queensland's Sunshine Coast, is the park's sole other director and shareholder.

Mr Manticas did not answer questions about who would take over management of the park or whether his departure would affect the ongoing court cases.

He is also a West Tamar councillor.

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