Nikjoo v Chief Commissioner of State Revenue [2022] NSWCATAD 213

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nikjoo v Chief Commissioner of State Revenue [2022] NSWCATAD 213 Hearing dates: 2 May 2022 Date of orders: 28 June 2022 Decision date: 28 June 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member Decision: The application is dismissed pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013. Catchwords: ADMINISTRATIVE REVIEW – HomeBuilder grant – reviewable decision – general jurisdiction – frivolous, vexatious or otherwise misconceived and lacking in substance Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) First Home Owner Grant (New Homes) Act 2000 (NSW) Tax Administration Act 1996 (NSW) Cases Cited: None cited Texts Cited: None cited Category: Procedural rulings Parties: Navid Nikjoo (Applicant) Chief Commissioner of State Revenue (Respondent) Representation: Solicitors: Nikjoo Lawyers (Applicant) Crown Solicitor (Respondent) File Number(s): 2022/00023283 Publication restriction: None

REASONS FOR DECISION 1. This is an interim application filed by the Chief Commissioner of State Revenue ("the Respondent") seeking that an application filed by Mr Navid Nikjoo ("the Applicant") be dismissed pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act (2013) (NSW) ("the NCAT Act"). 2. On 25 January 2022, the Applicant filed in the Tribunal a request to review a decision of the Respondent dated 17 January 2021. In essence that decision was made by the Respondent refusing the payment of a HomeBuilder Grant to the Applicant in relation to the renovation of a residence in Kellyville, owned by the Applicant and his wife. 3. Relevantly, the HomeBuilder Grant Scheme is described by the Respondent in its decision as follows: 'On the 4 June 2020, the Commonwealth announced HomeBuilder to provide eligible owner occupiers a $25,000 grant to build a new home or substantially renovate an existing home. New South Wales entered into a national partnership agreement ("the agreement") with the Federal Government with roles of the State defined in the agreement. In accordance with clause 17(a) of the agreement the States agree to be responsible for: (a) administering HomeBuilder. Each State will make the necessary arrangements to administer HomeBuilder consistent with the terms, conditions, eligibility criteria and principles set out in section A. Revenue New South Wales was thereby assigned the powers to administer the scheme in accordance with this agreement. The eligibility criteria are outlined in Schedule A of the agreement and as set out in the application form and lodgement guide. The eligibility criteria as per Schedule A of the agreement requires owner-occupier applicants must be Australian citizens. Specifically, the requirements state that each person whose name is on the Certificate of Title to the property must be an applicant and that all applicants must be Australian citizens at the date of the application.' 1. For reasons which are set out in the Respondent's decision, the Applicant (and his wife) did not meet the eligibility guidelines requiring 'for substantial renovations, you must be registered on the Title as owner of the property at the time that you enter into the contract for renovation work.' and the application for the HomeBuilder grant was refused. 2. The Respondents contends that the decision to refuse the HomeBuilder grant is not an administrative reviewable decision. Therefore, the Tribunal does not have jurisdiction to review that decision or determine the proceedings. The Respondent also submits that the Tribunal's general jurisdiction is not enlivened to determine these proceedings. 3. The Applicant presses the application on the grounds that the Tribunal has such jurisdiction.