Owners of Strata Plan 41100 v Pender & Sons Pty Ltd

Owners of Strata Plan 41100 sought to appeal against a decision of the Consumer, Trader and Tenancy Tribunal in relation to a dispute concerning a building contract with Pender & Sons Pty Ltd. The central issue was whether the Tribunal's decision was based on a question of law, which would permit the appeal, or on a finding of fact, which would not. The Owners contended that the contract required the builder to produce a satisfactory result rather than merely perform specified work, and that this characterisation was a question of law.

The court was tasked with determining whether the Tribunal's decision involved a question of law or was based on a finding of fact. Additionally, the court needed to address whether the nature of the contract was properly characterised as one requiring a satisfactory result or as one for the performance of specified work. The court had to consider whether these were questions of law or mixed questions of law and fact, and whether the Tribunal's findings were sustainable given the evidence presented.

The court found that the Tribunal's decision was based on findings of fact, and that the grounds of appeal primarily concerned factual issues rather than legal questions. The court emphasised the futility of a rehearing even if the grounds of appeal were to be treated as questions of law, as the Tribunal had made specific findings of fact that were supported by the evidence. The court also noted that the characterisation of the contract as one requiring a satisfactory result or one for the performance of specified work was a mixed question of law and fact, but the Tribunal's interpretation was reasonable and supported by the evidence. Therefore, the appeal was dismissed.

The court ordered that the appeal be dismissed and directed that the parties be heard on costs before final orders were made. This means that the original decision of the Tribunal stands, and further proceedings will determine the allocation of costs between the parties.