APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – where s 289(2) of the Body Corporate and Community Management Act 1997 (Qld) allows a person aggrieved by an Adjudicator’s order to appeal on a question of law to the Queensland Civil and Administrative Tribunal – what is error of law – whether there was an error of law
REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BYLAWS – whether Body Corporate in General Meeting acted lawfully in passing motions put forward by a lot owner to rectify damage to parts of lots by replacing and meeting the cost of replacing decking on the lots
– where body corporate passed resolutions to rectify damage to parts of lots –– whether to order that resolutions void – what is essential supporting framework – whether timber decking is essential supporting framework.
WORDS AND PHRASES- essential supporting framework
Body Corporate and Community Management Act 1997 (Qld), s 94(2)
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 146
Body Corporate and Community Management (Accommodation Module) Regulation 2008 (Qld), s 157(1), s 157(2), s 157(4)
Body Corporate and Community Management (Accommodation Module) Regulation 2020 (Qld) s 170 , s 182
Opal Terraces [2001] QBCCMCmr 348
Costa D’Ora Apartments [2006] QBCCMCmr 621

Australian Sunrise Citrus Pty Ltd v Body Corporate for Portside Noosa Waters [2021] QCATA 69 (13 April 2021)