NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Anderson v Chief Commissioner of State Revenue [2024] NSWCATAD 329 Hearing dates: 03 September 2024 Date of orders: 06 November 2024 Decision date: 06 November 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J Sullivan, Senior Member Decision: The assessment to duty, penalty and interest issued by the Respondent is revoked in full. Catchwords: TAXES AND DUTIES – Dutiable transfers – Exemptions – First Home Buyers Assistance Scheme – whether the Applicant met the "residence requirement" in s 76(1) of the Duties Act 1997 (NSW) Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Duties Act 1997 (NSW) First Home Buyer Legislation Amendment Act 2023 (NSW) Interpretation Act 1987 (NSW) Road Transport (Drivers Licensing) Regulation 2017 (NSW) Taxation Administration Act 1996 (NSW) Cases Cited: Bulgak v Chief Commissioner of State Revenue [2015] NSWCATAD 237 Chief Commissioner of State Revenue v Ferrington (GD) [2004] NSWADTAP 41 Chief Commissioner of State Revenue v Mesiti [2003] NSWADTAP 57 Cornish Investments Pty Limited v Chief Commissioner of State Revenue (RD) [2013] NSWADTAP 25 Flaracos v Chief Commissioner of State Revenue [2003] NSWSC 68 McKellar v Chief Commissioner of State Revenue [2004] NSWADT 22 Nakhoul v Chief Commissioner of State Revenue [2009] NSWADT 103 Peng v Chief Commissioner of State Revenue [2022] NSWCATAD 212 Peng v Chief Commissioner of State Revenue [2022] NSWCATAP 378 Re Ziino v Commissioner of State Revenue [2004] VCAT 1707 Single v Chief Commissioner of State Revenue [2006] NWADT 334 Tobin v Chief Commissioner of State Revenue [2009] NSWADT 188 Yen-Cheng Chuang & Anor v Chief Commissioner of State Revenue [2009] NSWADT160 Zakariya v Chief Commissioner of State Revenue [2003] NSWADT 26 Zgrivets v Chief Commissioner of State Revenue [2023] NSWCATAD 314 Texts Cited: Nil Category: Principal judgment Parties: Lainie Anderson (Applicant) Chief Commissioner of State Revenue (Respondent) Representation: Self-represented (Applicant) Crown Solicitor (Respondent) File Number(s): 2024/00167830 Publication restriction: None
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