Principles applicable in contractual construction on a question of ambiguity: Mount Bruce Mining Pty Limited v Wright Prospecting Pty Limited [2015] HCA 37; Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337.

Contractual construction principles apply to construing an order of the Tribunal: Shout Rocks Cafes Pty Ltd & Anor v City of Port Philip & Ors [2018] VSC 120; Livingspring v Ng [2007] VSC 9.

Tribunal’s power to conduct a collateral review of a previous consent order: The Big Apple Group Pty Limited v Melbourne City Council [2020] VSC 393. Found: no power vested in the Tribunal.

Whether resort to extrinsic material to resolve ambiguity of a Tribunal consent order amounts to a collateral review of the order. Found: such an enquiry amounts to a collateral review and is impermissible.

Whether a finding of no ambiguity in the Tribunal’s consent order can be made without conducting a collateral review of the consent order. Found: the conduct of an enquiry according to contractual principles of construction establishing no ambiguity, consistent with a plain reading, is within the power of the Tribunal; such enquiry does not amount to an impermissible collateral review.

Owners Corporation RP01787 v Sandra Issa Investments Pty Ltd (Owners Corporations) [2020] VCAT 863 (12 August 2020)