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].