Against a court's decision granting or refusing permission for sale, on what grounds may an appeal be brought?
General information · Not legal advice
Material to check
In the practice file we read the decision on permission for sale and any decision refusing it, the objection application and the grounds it stated, and the papers of the decision procedure, which are the record a claim of serious error would rest on.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the word 'only' as closing the field: an appeal against a permission decision may be brought only on grounds that the Act provides as reasons for an objection to permission for sale, or on the ground that the procedure of that decision contained a serious error.
Another reading notes the overriding effect of the next paragraph: notwithstanding that closed list, the grounds listed in the first paragraph of the Civil Procedure Act provision referenced here may be relied on, and this second paragraph makes those grounds available against a permission or a refusal decision, so the first paragraph's list is not the only route open to an appellant.
Your judgment
What in the papers of the decision procedure would show a serious error in that procedure rather than a disagreement with the outcome?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change which grounds an appeal may rest on, or if a court decision explains what counts as a serious error in the procedure of a permission decision.