Peng v Chief Commissioner of State Revenue [2022] NSWCATAP 378

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Peng v Chief Commissioner of State Revenue [2022] NSWCATAP 378 Hearing dates: 23 September 2022 Date of orders: 7 December 2022 Decision date: 07 December 2022 Jurisdiction: Appeal Panel Before: Cole DCJ, Deputy President C Mulvey, Senior Member Decision: (1) Leave to appeal on grounds 1 and 3 is refused. (2) Ground 2 of the appeal is dismissed. Catchwords: APPEALS – Revenue Law – eligibility for First Home Owner grant Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) First Home Owner Grant (New Homes) Act 2000 (NSW) First Home Owner Grant and Shared Equity Act 2000 (NSW) Taxation Administration Act 1996 (NSW) Cases Cited: Browne v Dunn (1893) 6 R 67 Collins v Urban [2014] NSWCATAP 17 Coulter v R (1988) 164 CLR 350; [1988] HCA 3 Gaynor v Burns [2022] NSWCATAP 370 Wang v Chief Commissioner of State Revenue [2021] NSWCATAD 45 Category: Principal judgment Parties: Haitao Peng (Appellant) Chief Commissioner of State Revenue (Respondent) Representation: Counsel: T Smartt (Respondent)

Solicitors: Solve Legal (Appellant) Crown Solicitor (Respondent) File Number(s): 2022/00215386 Publication restriction: Nil Decision under appeal Court or tribunal: Administrative and Equal Opportunity Division Jurisdiction: Administrative and Equal Opportunity Division Citation: [2022] NSWCATAD 212 Date of Decision: 22 June 2022 Before: J S Currie, Senior Member File Number(s): 2021/00343972