A challenge to the proper construction of a statutory provision (here, whether disciplinary proceedings may continue against a director where proceedings against the company are stayed under s 471B of the Corporations Act) raises a question of law appealable as of right under s 43(3) of the District Court Act 1991 (SA). A challenge to a penalty as manifestly excessive involves consideration of whether the penalty is legally unreasonable and also raises a question of law. Challenges to findings of fact, such as whether a person signed a document or was a director, require permission to appeal and will be refused where no arguable basis for impugning the finding is established.
The full text is available to signed-in members.