Dawood v Master Wealth Control Pty Ltd t/as DG Institute [2019] NSWCATAP 205

Dawood v Master Wealth Control Pty Ltd t/as DG Institute [2019] NSWCATAP 205

The Appeal Panel found no error of law in the Tribunal's assessment that Mr Dawood was not induced by misleading or deceptive statements to undertake the course, and the evidence relied upon, including senior counsel's opinion, was open to the Tribunal. Procedural fairness was not denied and leave to appeal was not warranted.

Jurisdiction
Australia
Judgment Date
14 August 2019
Procedural Posture
Appeal / Final Decision
Outcome
Appeal dismissed
Legal Topics
['refund of Course Fees' 'misleading and Deceptive Conduct']
['consumer Law'] ['refund of Course Fees' 'misleading and Deceptive Conduct']

Case Brief

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Procedural Posture

Appeal / Final Decision

Legal Issues

  1. 1 ['Whether there was misleading and deceptive conduct under s18 of the Australian Consumer Law in the sale of the Real Estate Rescue program' 'Whether privacy and power of attorney issues entitle the applicant to a refund']

Ratio Decidendi

The Appeal Panel found no error of law in the Tribunal's assessment that Mr Dawood was not induced by misleading or deceptive statements to undertake the course, and the evidence relied upon, including senior counsel's opinion, was open to the Tribunal. Procedural fairness was not denied and leave to appeal was not warranted.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'If a party seeks an order for costs of the appeal, that party may file written submissions within 14 days.' 'If a party files submissions for costs, any other party may file submissions in response within a further 14 days.' 'Submissions should address whether costs may be determined on...