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COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 75A
Dismissal of application on certain grounds
75A Dismissal of application on certain grounds
(1) The Tribunal 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,
the Tribunal may, by order, dismiss the application if the Tribunal
believes that no substantial injustice has resulted.
(3) The Tribunal may, by
order, dismiss an application for an order under this Division on any other
ground that the Tribunal considers appropriate.
(4) Without limiting the
generality of subsection (3), the Tribunal may, by order, dismiss an
application for an order under this Division if-- (a) the application is
frivolous, vexatious, misconceived or lacking in substance, or
(b) a decision
in favour of the applicant is not within the jurisdiction of the Tribunal, or
(c) the applicant has unreasonably delayed the provision of information
required by an Adjudicator, or
(d) the application is made by a proprietor of
a development lot or neighbourhood lot or by an association and the applicant
has not paid all contributions levied and payable in relation to the lot under
this Act.
(5) The Tribunal may, by order, dismiss an appeal.
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