The Gombac Group Pty Ltd v Vero Insurance Ltd

The Gombac Group Pty Ltd appealed against a decision of the Victorian Civil and Administrative Tribunal, which had dismissed its claim for defective flooring under an insurance policy taken out under the Building Act 1993. The dispute centred on whether the Tribunal was entitled to reject expert evidence and whether its conclusion was open to it. The appeal was limited to a question of law.

The legal issues before the court were whether the Tribunal had the authority to reject expert evidence in the context of a domestic building contract and insurance claim, and whether the Tribunal's conclusion that the flooring was not defective was open to it. The court examined the statutory framework and relevant authorities to determine the scope of the Tribunal's powers and whether its decision was legally sound.

The court found that the Tribunal was indeed entitled to reject the expert evidence and that its conclusion was open to it. The statutory provisions and case law supported the Tribunal's decision to rely on its own expertise and the evidence presented, rather than solely on expert testimony. The court held that the Tribunal's determination was not affected by any error of law and dismissed the appeal.

The final orders of the court were that the appeal be dismissed and that the appellant pay the respondent's costs of the appeal.