APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – where an Adjudicator ordered that a body corporate resolution was void– where the appellant submitted the Adjudicator made an error of law – whether a plan of subdivision “affects” a community titles scheme – whether a change in the scheme affects the nature of the development of a scheme to be developed progressively – whether the appellant gave notice of the intended change in the scheme to the body corporate as required – where the Appeal Tribunal confirmed the decision of the Adjudicator on different grounds and dismissed the appeal
REAL PROPERTY – STRATA AND RELATED TITLES – VARIATION TERMINATION AND RENEWAL – OTHER MATTERS – changes in
2
community titles scheme to be developed progressively – whether a plan of subdivision “affects” a community titles scheme – whether a change in the scheme affects the nature of the development of a scheme to be developed progressively – whether the appellant gave notice as required of the intended change in the scheme to the body corporate
Body Corporate and Community Management Act 1997 s 29, s 56, s 57, s 62
Brookview Estate [2018] QBCCMCmr 408
Jones v Assef [1976] 1 NSWLR 467
Little v Piccin (1983) 52 LGRA 258
Stevenson v Stephens [1990] 1 Qd R 575
Ampol Ltd v Rockdale Municipal Council (1953) 19 LGR 64

Covey Property Pty Ltd v MICDM Pty Ltd [2020] QCATA 47 (14 April 2020)