New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 71A

71A Dismissal of application on certain grounds

(1) An Adjudicator must, by order, dismiss an application for an order under this Division if satisfied that mediation was appropriate and was not attempted.

(2) If the ground for an application is--

(a) the absence of a quorum at a meeting, or

(b) a defect, irregularity or deficiency of notice or time,

an Adjudicator may, by order, dismiss the application if the Adjudicator believes that no substantial injustice has resulted.

(3) An Adjudicator may, by order, dismiss an application for an order under this Part on any other ground that the Adjudicator considers appropriate.

(4) Without limiting the generality of subsection (3), an Adjudicator may, by order, dismiss an application for an order under this Part if--

(a) the Adjudicator believes that the application is frivolous, vexatious, misconceived or lacking in substance, or

(b) the Adjudicator believes that a decision in favour of the applicant is not within the jurisdiction of the Adjudicator, or

(c) the Adjudicator believes that the applicant has unreasonably delayed the provision of information required by the Adjudicator, or

(d) in the case of an application made by a proprietor of a development lot or neighbourhood lot or by an association, the applicant has not paid all contributions levied and payable in relation to the lot under this Act.

(5) An Adjudicator may dismiss an application in accordance with this section even though the notice requirements of Division 2A have not been complied with and despite that a time, or extended time, specified for making written submissions on the application has not expired.