APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHERE APPEAL LIES – ERROR OF LAW – where appeal from Adjudicator’s decision only on a question of law – where part of common property used as bike racks – where bike racks interfere with access to the applicant’s exclusive use carpark – where bike racks had been in existence for many years prior to the applicant’s acquisition of his lot – where applicant sought to have the bike racks removed – whether the Committee acted unreasonably in deciding not to remove the bike racks – whether it was open to the Adjudicator to find that the Committee acted reasonably in coming to its decision – whether the Adjudicator gave sufficient consideration to an expert traffic report provided by the applicant

Caputo v The Body Corporate for King’s Row [2021] QCATA 135 (1 November 2021)