New South Wales Consolidated Acts

SURVEYING ACT 2002 - SECT 32E

32E Appeals on the merits

(1) If an appeal under this Part extends to a review of the merits of a surveyor decision, the Supreme Court is to decide what the correct and preferable decision is having regard to the material then before it, including the following:

(a) any relevant factual material,

(b) any applicable written or unwritten law.

(2) The Supreme Court may exercise all the functions that are conferred or imposed by or under this Act or the Administrative Decisions Tribunal Act 1997 on the Tribunal to make the decision concerned.

(3) In determining any such appeal, the Supreme Court may decide:

(a) to affirm the decision, or

(b) to vary the decision, or

(c) to set aside the decision and make a decision in substitution for the decision it set aside.