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Building Units and Group Titles Act 1980
sec.107Determination of appeal from order of referee
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### sec.107 Determination of appeal from order of referee
In the determination of an appeal from an order of the referee, a tribunal—
if the tribunal thinks it is proper to do so, may admit evidence other than the evidence before the referee when the referee made the order; and
where the order was made otherwise than under section 76 (2) —may, by order, affirm, vary or revoke the order appealed against or substitute the tribunal’s order for the order appealed against; and
where the order was made under section 76 (2) —may dismiss the appeal or, by order, revoke the order appealed against; and
shall not make any order as to costs.
An order made under subsection (1) (b) has effect, and the provisions of this Act other than section 106 apply to it, in all respects as if it were an order made under the provision of this Act under which the order appealed against was made.
(sec.107-ssec.1) In the determination of an appeal from an order of the referee, a tribunal— if the tribunal thinks it is proper to do so, may admit evidence other than the evidence before the referee when the referee made the order; and where the order was made otherwise than under section 76 (2) —may, by order, affirm, vary or revoke the order appealed against or substitute the tribunal’s order for the order appealed against; and where the order was made under section 76 (2) —may dismiss the appeal or, by order, revoke the order appealed against; and shall not make any order as to costs.
(sec.107-ssec.2) An order made under subsection (1) (b) has effect, and the provisions of this Act other than section 106 apply to it, in all respects as if it were an order made under the provision of this Act under which the order appealed against was made.
- (a) if the tribunal thinks it is proper to do so, may admit evidence other than the evidence before the referee when the referee made the order; and
- (b) where the order was made otherwise than under section 76 (2) —may, by order, affirm, vary or revoke the order appealed against or substitute the tribunal’s order for the order appealed against; and
- (c) where the order was made under section 76 (2) —may dismiss the appeal or, by order, revoke the order appealed against; and
- (d) shall not make any order as to costs.