APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – 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 only – where grounds of appeal did not reveal error of law
REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BYLAWS – EXCLUSIVE USE – where appellant claimed a member of the body corporate committee advised the appellant his unit would have use of a storage loft on common property – where exclusive use of loft not granted to owner of the unit – whether body corporate committee estopped from denying appellant’s use of the loft – whether body corporate should compensate appellant for loss of perceived value of unit. Body Corporate and Community Management Act 1997 (Qld), s 100(4), Chapter 6 Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 146 Crystal Waters Permaculture Village & Ors v Boyle [2020] QCATA 80

Combrinck v Body Corporate for Leeward Kawana Island [2022] QCATA 14 (25 January 2022)