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

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kher v Kuljit Singh Gosal trading as Gosal Conveyancing [2022] NSWCATAP 123 Hearing dates: 22 February 2022 Date of orders: 26 April 2022 Decision date: 26 April 2022 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member E Bishop, Senior Member Decision: (1) To the extent it was required, leave to appeal is refused. (2)The appeal is dismissed. Catchwords: CONSUMER LAW — sale of residential land —purchasers' claim against conveyancer in negligence and for misleading and deceptive conduct in relation to purchasers' payment of adjusted land tax —purchasers' claim against vendor for misleading and deceptive conduct — jurisdiction of Tribunal in relation to claim against the vendor — purchasers' claims based upon a misunderstanding of relevant land tax laws. APPEALS — alleged errors of law — whether there was a failure to provide adequate reasons and a failure to find land tax clauses in a contract of sale and purchase of land null and void — whether there was a consumer claim against the second respondent which the Tribunal had jurisdiction to determine — new contentions on appeal which are misconceived — leave to appeal — whether decision fair and equitable — whether decision against the weight of the evidence — no question of principle or plain error of fact Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80, Sch 4 cl 12(1) Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law Conveyancing Act 1919 (NSW), s 7 Fair Trading Act 1989 (NSW), Pt 6, ss 79E, 79F Land Tax Act 1956 (NSW) Land Tax Management Act 1956 (NSW), ss 3, 7, 8, 9, 47, Sch 1A cl 6 Taxation Administration Act 1996 (NSW), s 119 Cases Cited: Alliance Motor Auctions Pty Ltd v Saman [2018] NSWCATAP 137 Andy and Patrick Floor Covering Pty Ltd t/as Silver Trading Timber Floor v Li [2018] NSWCATAP 172 Cheung v Yang [2013] NSWSC 1694 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 77 ALJR 1088 DVE18 v Minister for Home Affairs (2020) 276 FCR 401; [2020] FCAFC 83 Fyna Projects Pty Ltd v Chief Commissioner of State Revenue (2018) 99 NSWLR 673; [2018] NSWCA 331 Mason v Hyland [2018] NSWCATAP 203 NSW Land and Housing Corporation v Orr (2019) 100 NSWLR 578; [2019] NSWCA 231 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Rice Marketing Board for the State of New South Wales v Forbidden Foods Pty Ltd [2020] NSWCATAP 182 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597; [2017] NSWCA 206 Category: Principal judgment Parties: Satish Kher & Sonia Kher (Appellants) Kuljit Singh Gosal trading as Gosal Conveyancing (First Respondent) Norwest (Kellyville) Developments Pty Ltd (Second Respondent) Representation: Appellants (self-represented) First Respondent (self-represented) Ms Y Zhu on behalf of director Ms Wu (Second Respondent) File Number(s): 2021/00259518 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 24 August 2021 Before: G Blake AM SC, Senior Member File Number(s): GEN 21/16605