APPEAL AND NEW TRIAL – APPEAL – GENERAL
PRINCIPLES – RIGHT OF APPEAL – WHEN
APPEAL LIES – ERROR OF LAW – where s 289(2) of
the Body Corporate 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 for exclusive use of common property for parking
– whether notice of the proposed resolution is misleading
as to what is really proposed, or its effect and
implications, and the impact on the validity of the
resolution – whether there was either no valid notice of
the meeting or no valid notice of the proposed resolutions
– duty on an Adjudicator to accord natural justice – what
is required to discharge that duty
Body Corporate Community Management Act 1997
(Qld), s 171, 172, 244, 269, 276, 289, 290, 294
Queensland Civil and Administrative Tribunal Act 2009
(Qld), s 146
Ashworth v Foreman [2015] QCATA 1
Australian Broadcasting Tribunal v Bond (1990) 170
CLR 321
Bell v Commissioner of Taxation [2012] FCA 1042
Boca Raton East [2014] QBCCMCmr 37
Body Corporate for Palm Springs Residences CTS 29467
v J Patterson Holdings Pty Ltd [2008] QDC 300
Bruce v Cole (1998) 45 NSWLR 163
Clements v Independent Indigenous Advisory Committee
(2003) 131 FCR 28
Federal Commission of Taxation v Trail Brothers Steel &
Plastics Pty Ltd (2010) 186 FCR 410
Minister for Immigration and Multicultural and
Indigenous Affairs v Al-Miahi [2001] FCA 744
Purcell v Murtagh [2011] QCATA 175
Re Refugee Review Tribunal; Ex parte Aala (2000) 204
CLR 82
Van Deurse & Anor v Q1 Management Pty Ltd & Anor
[2017] QCATA 113
VWBF v Minister for Immigration and Multicultural and
Indigenous Affairs (2006) 154 FCR 302

Bynon & Anor v Body Corporate for Chichester Court [2020] QCATA 17 (10 February 2020