Body Corporate and Community Management Act 1997
sec.289Right to appeal to appeal tribunal
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sec.289 Right to appeal to appeal tribunal
This section applies if— an application is made under this chapter; and an adjudicator makes an order for the application (other than a consent order); and a person (the aggrieved person ) is aggrieved by the order; and the aggrieved person is— for an order that is a decision mentioned in section 288A , definition order —an applicant; or for another order— an applicant; or a respondent to the application; or the body corporate for the community titles scheme; or a person who, on an invitation under section 243 or 271 (1) (c) , made a submission about the application; or an affected person for an application mentioned in section 243A ; or a person not otherwise mentioned in this subparagraph against whom the order is made. The aggrieved person may appeal to the appeal tribunal, but only on a question of law. s 289 amd 1999 No. 19 s 3 sch ; 2003 No. 6 s 100 ; 2007 No. 11 s 56 ; 2008 No. 69 s 7 ; 2009 No. 24 s 372 (sec.289-ssec.1) This section applies if— an application is made under this chapter; and an adjudicator makes an order for the application (other than a consent order); and a person (the aggrieved person ) is aggrieved by the order; and the aggrieved person is— for an order that is a decision mentioned in section 288A , definition order —an applicant; or for another order— an applicant; or a respondent to the application; or the body corporate for the community titles scheme; or a person who, on an invitation under section 243 or 271 (1) (c) , made a submission about the application; or an affected person for an application mentioned in section 243A ; or a person not otherwise mentioned in this subparagraph against whom the order is made. (sec.289-ssec.2) The aggrieved person may appeal to the appeal tribunal, but only on a question of law.
- (a) an application is made under this chapter; and
- (b) an adjudicator makes an order for the application (other than a consent order); and
- (c) a person (the aggrieved person ) is aggrieved by the order; and
- (d) the aggrieved person is— (i) for an order that is a decision mentioned in section 288A , definition order —an applicant; or (ii) for another order— (A) an applicant; or (B) a respondent to the application; or (C) the body corporate for the community titles scheme; or (D) a person who, on an invitation under section 243 or 271 (1) (c) , made a submission about the application; or (E) an affected person for an application mentioned in section 243A ; or (F) a person not otherwise mentioned in this subparagraph against whom the order is made.
- (i) for an order that is a decision mentioned in section 288A , definition order —an applicant; or
- (ii) for another order— (A) an applicant; or (B) a respondent to the application; or (C) the body corporate for the community titles scheme; or (D) a person who, on an invitation under section 243 or 271 (1) (c) , made a submission about the application; or (E) an affected person for an application mentioned in section 243A ; or (F) a person not otherwise mentioned in this subparagraph against whom the order is made.