Section sec.108 - Building Units and Group Titles Act 1980 - Appeal to Court on question of law

sec.108Appeal to Court on question of law

Start here

Get a plain-English read of sec.108

Turn the raw legal text into a practical explanation grounded in Building Units and Group Titles Act 1980.

### sec.108 Appeal to Court on question of law An appeal lies to the Court from an order made by a tribunal under section 107 on the ground that the order is erroneous in law but on no other ground. The persons who may appeal under subsection (1) are— the appellant to the tribunal; and where he or she was not the appellant to the tribunal—the applicant for the original order made by the referee; and any person who, in connection with the application for the original order, duly made written submissions to the referee; and where an order requires a person to do or refrain from doing any act—that person; and in any case where the body corporate for the parcel to which the appeal relates is not included in paragraphs (a) to (d) —that body corporate. (sec.108-ssec.1) An appeal lies to the Court from an order made by a tribunal under section 107 on the ground that the order is erroneous in law but on no other ground. (sec.108-ssec.2) The persons who may appeal under subsection (1) are— the appellant to the tribunal; and where he or she was not the appellant to the tribunal—the applicant for the original order made by the referee; and any person who, in connection with the application for the original order, duly made written submissions to the referee; and where an order requires a person to do or refrain from doing any act—that person; and in any case where the body corporate for the parcel to which the appeal relates is not included in paragraphs (a) to (d) —that body corporate. - (a) the appellant to the tribunal; and - (b) where he or she was not the appellant to the tribunal—the applicant for the original order made by the referee; and - (c) any person who, in connection with the application for the original order, duly made written submissions to the referee; and - (d) where an order requires a person to do or refrain from doing any act—that person; and - (e) in any case where the body corporate for the parcel to which the appeal relates is not included in paragraphs (a) to (d) —that body corporate.