87YDetermination of appeal on the merits

#### 87Y Determination of appeal on the merits 87Y Determination of appeal on the merits > > (1) On an appeal under this Division, the Supreme Court is to decide what the correct and preferable decision is having regard to the material then before it, including the following— > > > > > (a) any relevant factual material, > > > > > (b) any applicable written or unwritten law. > > > (2) In determining the appeal, the Supreme Court may decide— > > > > > (a) to affirm the decision under appeal, or > > > > > (b) to vary the decision under appeal, or > > > > > (c) to set aside the decision under appeal, or > > > > > (d) to set aside the decision under appeal and make a decision in substitution for the decision that is set aside. > > **pt 6B, divs 2–4 (ss 87R–87ZC):** Ins 2016 No 16, Sch 5 \[1\].