Kher v Kuljit Singh Gosal trading as Gosal Conveyancing [2022] NSWCATAP 123

Kher v Kuljit Singh Gosal trading as Gosal Conveyancing [2022] NSWCATAP 123

The Tribunal's decision to dismiss the application was correct as the land tax adjustment was a contractual obligation, not contrary to land tax laws; the claim of misleading and deceptive conduct and negligent advice was not substantiated; Tribunal jurisdiction over the Vendor was not established, and no substantial miscarriage of justice occurred to warrant leave to appeal.

Jurisdiction
Australia
Judgment Date
26 April 2022
Procedural Posture
Internal Appeal Within Tribunal / Appeal Panel Determination
Outcome
Appeal dismissed; leave to appeal refused.
Legal Topics
['misleading and Deceptive Conduct' 'negligence' 'contract Terms' 'land Tax Adjustment' 'tribunal Jurisdiction' 'appeals']
['consumer Law' 'contract Law' 'property Law'] ['misleading and Deceptive Conduct' 'negligence' 'contract Terms' 'land Tax Adjustment' 'tribunal Jurisdiction' 'appeals']

Case Brief

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Procedural Posture

Internal Appeal Within Tribunal / Appeal Panel Determination

Legal Issues

  1. 1 ['Whether land tax adjustment clauses in contract were null and void due to land tax laws' 'Whether the respondents engaged in misleading and deceptive conduct' 'Whether the conveyancer provided negligent advice about land tax' 'Whether Tribunal had jurisdiction over claim against Vendor' 'Whether procedural fairness was denied']

Ratio Decidendi

The Tribunal's decision to dismiss the application was correct as the land tax adjustment was a contractual obligation, not contrary to land tax laws; the claim of misleading and deceptive conduct and negligent advice was not substantiated; Tribunal jurisdiction over the Vendor was not established, and no substantial miscarriage of justice occurred to warrant leave to appeal.

Court Disposition

Appeal dismissed; leave to appeal refused.

Orders

  • ['To the extent it was required, leave to appeal is refused.' 'The appeal is dismissed.']