Hua Nan Trading Pty Ltd v The Owners - Strata Plan No 32396

In the case of Hua Nan Trading Pty Ltd versus The Owners – Strata Plan No 32396, the dispute involved a statutory appeal against a decision of the Appeal Panel of the Civil and Administrative Tribunal of New South Wales. The appellant, Hua Nan Trading Pty Ltd, sought to challenge the Appeal Panel's determination regarding strata lot boundaries and an easement. The primary focus of the appeal was to determine whether the Appeal Panel had made a question of law or fact, which would influence the availability of leave to appeal under section 83 of the Civil and Administrative Tribunal Act 2013 (NSW).

The central legal issue before the court was whether the Appeal Panel's decision constituted a question of law or fact. The appellant argued that the Appeal Panel's determination involved a question of law, which would permit the grant of leave to appeal. Conversely, the respondent contended that the decision was purely factual and did not warrant leave to appeal. The court had to decide whether the Appeal Panel's conclusion involved an error of law or was simply a factual determination, as this would determine the appeal's admissibility.

The court held that the Appeal Panel's determination was based on factual findings rather than legal principles. The Appeal Panel had reviewed the evidence presented and made a finding concerning the strata lot boundaries and the easement. The court concluded that the Appeal Panel's decision was based on factual matters and did not involve a question of law. Consequently, the appeal was dismissed, and leave to appeal was refused. The court emphasised that where the appeal is based on factual findings, leave to appeal would not be granted under section 83 of the Civil and Administrative Tribunal Act 2013 (NSW).

The final orders of the court were that the appeal was dismissed and leave to appeal was refused. The decision of the Appeal Panel was upheld, and the appellant was not granted the right to appeal the factual findings made by the Appeal Panel. The court's decision underscored the importance of distinguishing between questions of law and fact in determining the availability of leave to appeal in statutory appeals under the Civil and Administrative Tribunal Act 2013 (NSW).