Wang v Chief Commissioner of State Revenue [2021] NSWCATAD 45

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wang v Chief Commissioner of State Revenue [2021] NSWCATAD 45 Hearing dates: 19 February 2021 Date of orders: 2 March 2021 Decision date: 02 March 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: S Goodman SC, Senior Member Decision: The decisions of the respondent under review are affirmed. Catchwords: ADMINSTRATIVE LAW – First Home Owner Grant – reversal of decision to authorise payment of grant – decision to require repayment – penalty – whether residence requirement met Legislation Cited: Administrative Decisions Review Act 1997 First Home Owner Grant (New Homes) Act 2000 Taxation Administration Act 1996 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Chief Commissioner of State Revenue v Ferrington (GD) [2004] NSWADTAP 41 Cornish Investments Pty Ltd v Chief Commissioner of State Revenue (RD) [2013] NSWADTAP 25 Deverich v Chief Commissioner of State Revenue [2010] NSWADT 268 Elskaf v Chief Commissioner of State Revenue (GD) [2006] NSWADTAP 10 Khalil v Chief Commissioner of State Revenue [2011] NSWADT 276 Knight v Chief Commissioner of State Revenue [2008] NSWADT 83 Laurence and Marion v Chief Commissioner of State Revenue [2020] NSWCATAD 93 Levitch Designs Associates Pty Ltd atf Levco Unit Trust v Chief Commissioner of State Revenue [2014] NSWCATAD 215 Taylor v Chief Commissioner of State Revenue [2004] NSWADT 36 Wang v Chief Commissioner of State Revenue [2016] NSWCATAD 61 Texts Cited: Nil Category: Principal judgment Parties: Qiao Wang (Applicant) Chief Commissioner of State Revenue (Respondent) Representation: Counsel: O Berkmann (Respondent)