New South Wales Consolidated Acts

HOMEFUND COMMISSIONER ACT 1993 - SECT 40

40 Appeal

(1) A determination or other decision of the Commissioner and any other act, matter or thing done or omitted by the Commissioner may not be appealed against, reviewed, quashed or called in question by any court or tribunal.

(2) However, an appeal lies to the Supreme Court, on a question of law, against a determination of the Commissioner.

(3) Such an appeal may be made only with the leave of the Supreme Court.

(4) Application for leave to appeal must be made to the Supreme Court within 28 days after the determination is made or within such further time as the Supreme Court may allow in a particular case.

(5) The parties to an appeal are the Commissioner and, except as otherwise provided by the regulations, each of the parties to the determination against which the appeal is made.

(6) The Minister may intervene in an appeal at any stage. On intervening, the Minister becomes a party to the appeal and has all the rights of a party to the appeal.

(7) Subject to any direction of the Supreme Court to the contrary, the making of an application for leave to appeal operates to stay the decision to which the application relates.

(8) The Supreme Court is not to award costs to or against any party to an appeal.