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 – failing to provide adequate reasons for decision – failing to adequately investigate the application.
REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BYLAWS – Scheme operating as a permaculture eco-village and native animal sanctuary – whether a bylaw prohibiting a cat, dog or any other predatory animal on their lot or the common property at all or without the prior written consent of the Body Corporate valid– whether the Body Corporate had exceeded its statutory bylaw making power in making a bylaw prohibiting specific pets in a scheme – whether a bylaw prohibiting specific pets in a scheme but not all pets was valid regulation or invalid prohibition – where keeping of cats and dogs, whether on lots or on common property was not consistent with the permaculture and eco-village ethics of the scheme because such animals have a deterrent effect on wildlife

Crystal Waters Permaculture Village & Ors v Boyle [2020] QCATA 80 (26 May 2020)