The payment of CGT (seller) and Stamp Duty (buyer) are independent of each other. The High Court removed the twinning of these two tax obligations. The High Court stated that where a transfer of a property has not taken place, then one cannot be said to have made a gain that is capable of being taxed, conversely, if a loss is made, then there would be no expectation that any tax would be payable by the owner of the property upon its transfer.