It looks like the cc surcharge isn’t a done deal.

Not really. A consultation is a consultation, not a democratic vote. Maybe CRT did apply some liberal interpretation to the data, but even if they did, they can still decide to set the licence rates at whatever they choose within the law regardless of any consultation. They might have to show that they took due regard of the consultation when making their decisions, but for example if the majority of consultation responses had said "make the licence free" they would certainly not be obliged to do that.

Legal challenge on what grounds? Sounds like a good way to waste money.

Well yes but there still has to be a case. I can’t immediately see what the case is. Some minutes of a meeting were allegedly incorrect, maybe deliberate or accidental. That is not something you can sue for. It would be like trying to sue a member of Thunderboat because they made a grammatical error. The possibility that this may have happened doesn’t have a bearing on whether CRT can proceed with the new schedule of fees.