sec.142Party may appeal

sec.142 Party may appeal

A party to a proceeding may appeal to the appeal tribunal against a decision of the tribunal in the proceeding if a judicial member did not constitute the tribunal in the proceeding. See section 149 for appeals against decisions of the tribunal if a judicial member constituted the tribunal. However, a party to a proceeding can not appeal to the appeal tribunal against the following decisions of the tribunal— a decision under section 35 ; a decision to set aside a decision by default under section 51 ; a cost-amount decision. See section 149 for appeals against cost-amount decisions. Also— an appeal under subsection (1) against any of the following decisions of the tribunal may be made only if the party has obtained the appeal tribunal’s leave to appeal— a decision in a proceeding for a minor civil dispute; a decision that is not the tribunal’s final decision in a proceeding; a costs order; and an appeal under subsection (1) on a question of fact, or a question of mixed law and fact, may be made only if the party has obtained the appeal tribunal’s leave to appeal. An enabling Act that is an Act may confer appeal jurisdiction on the tribunal for decisions of other entities. See, for example, the Body Corporate and Community Management Act 1997 . s 142 amd 2013 No. 35 s 152 (sec.142-ssec.1) A party to a proceeding may appeal to the appeal tribunal against a decision of the tribunal in the proceeding if a judicial member did not constitute the tribunal in the proceeding. See section 149 for appeals against decisions of the tribunal if a judicial member constituted the tribunal. (sec.142-ssec.2) However, a party to a proceeding can not appeal to the appeal tribunal against the following decisions of the tribunal— a decision under section 35 ; a decision to set aside a decision by default under section 51 ; a cost-amount decision. See section 149 for appeals against cost-amount decisions. (sec.142-ssec.3) Also— an appeal under subsection (1) against any of the following decisions of the tribunal may be made only if the party has obtained the appeal tribunal’s leave to appeal— a decision in a proceeding for a minor civil dispute; a decision that is not the tribunal’s final decision in a proceeding; a costs order; and an appeal under subsection (1) on a question of fact, or a question of mixed law and fact, may be made only if the party has obtained the appeal tribunal’s leave to appeal. An enabling Act that is an Act may confer appeal jurisdiction on the tribunal for decisions of other entities. See, for example, the Body Corporate and Community Management Act 1997 .

• (a) a decision under section 35 ;
• (b) a decision to set aside a decision by default under section 51 ;
• (c) a cost-amount decision. Note— See section 149 for appeals against cost-amount decisions.
• (a) an appeal under subsection (1) against any of the following decisions of the tribunal may be made only if the party has obtained the appeal tribunal’s leave to appeal— (i) a decision in a proceeding for a minor civil dispute; (ii) a decision that is not the tribunal’s final decision in a proceeding; (iii) a costs order; and