Dr Nyst's detailed appeal included arguments that the council's notice did not make clear the scope of work required, and did not provide sufficient time for him to comply. His appeal also said he was of the belief the council's enforcement notice specifically required him to contract a particular specialist restoration company for the stabilising work on the hotel, however the tribunal found the recommendations made by a specialist report were only examples of how the work could be done, not a requirement that a certain contractor be engaged. The appeal also argued council "improperly exercised its discretion" when issuing the enforcement notice, arguing the council was acting under a state government directive to issue the enforcement notice. The tribunal accepted council's submission that this was not the case. Dr Nyst now has 60 days to complete the safety work required by the council under the original enforcement notice. Comment has been sought from Dr Nyst.

City planning chairman Matthew Bourke told the council chambers on Tuesday that he had met with Ms Enoch to discuss future efforts to protect the Broadway Hotel's remaining structures, and thanked her for her "collaborative approach" to the "sensitive issue". He also noted the "passionate" Woollongabba community, which had campaigned for the restoration of the hotel. In a statement to the media, Cr Bourke said he was pleased the tribunal had upheld council's enforcement notice. "I am confident the Broadway Hotel can be restored to its former glory and Brisbane City Council has been doing everything in its power to see the building protected from further damage or demolition," he said. "Council has been proactively taking appropriate measures to protects this building, including the issuing of show cause and enforcement notices to the owner."

Environment Minister Leeanne Enoch welcomed the development tribunal's decision. “The Tribunal’s ruling upholds council’s authority to compel the owner to carry out any necessary works to stabilise and preserve the building,” Ms Enoch said. “And now it is up to the owner to ensure essential work is carried out to ensure the building continues to be protected.” The old hotel was left derelict from 2010, with several fires burning through the remaining buildings. The Broadway became a focus of community concern since the September 2018 fire, with fears the building might be too damaged for restoration.

However, a state government report compiled by expert consultants confirmed the building was fundamentally sound and could be restored. The council and state have both pushed for the other to take stronger action to save the hotel from further ruin, with the council taking action under the Building Act and the state under the Heritage Act. Cr Bourke said the upheld enforcement notice required Dr Nyst to secure the walls of the Broadway, including installing support systems for the building. "Following a positive discussion on a joint way forward, council will continue to work closely with the state government to ensure the state heritage-listed building is restored to its pre-fire condition," Cr Bourke said. Deputy Premier and member for South Brisbane Jackie Trad meanwhile put more pressure back on the council to enforce their notices.