NTIn ForceAct
Business Tenancies (Fair Dealings) Act 2003
119Appeal may be made to Local Court
Start here
Get a plain-English read of 119
Turn the raw legal text into a practical explanation grounded in Business Tenancies (Fair Dealings) Act 2003.
119 Appeal may be made to Local Court
(1) A party to an application under Part 11 may appeal to the Local
Court against a retail tenancy order made in respect of that
application.
(2) An appeal against a retail tenancy order is to be an appeal de novo.
(3) In an appeal, the Local Court is not bound by the rules of evidence
and may inform itself in any manner it thinks fit.
(4) In an appeal, the Local Court may do one or more of the following:
(a) confirm, vary or quash the retail tenancy order;
(b) make an order that should have been made in the first
instance by the person who made the retail tenancy order;
(c) make incidental and ancillary orders.
Business Tenancies (Fair Dealings) Act 2003 72
(5) Subject to subsection (6), an application for appeal may be lodged:
(a) before 14 days after the date of the order, determination or
decision appealed against, unless the Local Court allows an
extension of time; or
(b) if the person who made the retail tenancy order does not give
reasons for the order at the time of making it – within 14 days
after the parties are given the reasons.
(6) If the reasons of the person who made the retail tenancy order are
not given in writing at the time of making the order, and the
appellant then requests that person to state the reasons in writing,
the time for commencing the appeal runs from the time when the
appellant receives the written statement of the reasons.
(7) This section does not prevent the Supreme Court from hearing an
appeal against a decision of the Local Court under this Act.