31. In principle, the construction of a term of a lease will involve a question of law. Often there is difficulty in determining whether what is said to constitute an error is an error as to (i) the fact finding, (ii) the statement of legal principle, or (iii) the application of the legal principle to the facts as found. As stated by Mason J in Hope v Bathurst City Council: [25]
“Many authorities can be found to sustain the proposition that the question whether facts fully found fall within the provisions of a statutory enactment properly construed is a question of law.”

32. On the other hand, Mason J recognised in the same passage that, where the critical term is a word bearing its ordinary meaning and the court not unreasonably finds the term is satisfied, the finding is one of fact.