Maguire -v- Commissioner, Office of State Revenue [2001] NSWADT 172

CITATION: Maguire -v- Commissioner, Office of State Revenue [2001] NSWADT 172 DIVISION: General Division APPLICANTS Mark Maguire PARTIES: Julia Maguire RESPONDENT Commissioner, Office of State Revenue FILE NUMBER: 013118 HEARING DATES: 18/06/2001 SUBMISSIONS CLOSED: 06/18/2001 DATE OF DECISION: 10/19/2001

BEFORE: Hennessy N (Deputy President) APPLICATION: first home owners grant - approval of application - First Home Owners Grant Act - first home owners grant - approval of application MATTER FOR DECISION: Principal matter LEGISLATION CITED : Conveyancing Act 1919 First Home Owners Grant Act 2000 Bloch -v- Bloch (1981) 37 ALR 55 Delehunt -v- Carmody (1987) ALR 253 Calverley -v- Green (1984) 155 CLR 242.) CASES CITED: Muschinski -v- Dodds (1985) 160 CLR 583 Nelson -v- Nelson (1994) 33 NSWLR 740 Damberg v Damberg & Ors [2001] NSWCA 87 Charles Marshall Pty Ltd v Grimsley (1956) 95 CLR 353 APPLICANTS REPRESENTATION: S Lovett, barrister RESPONDENT I Mescher, barrister ORDERS: The decision of the Commissioner not to approve the applicants' application for a first home owner grant is set aside. In substitution for that decision, a decision is made to approve the applicants' application for a first home owner grant.

Background 1 On 27 March 2001, the Chief Commissioner, Officer of State Revenue (the Commissioner) decided not to approve Mark and Julia Maguire's application for a First Home Owner Grant. The reason for not approving the application was that the Maguires did not meet the eligibility requirements. Mark Maguire already held a relevant interest in residential property as at 1 July 2000. 2 On 1 April 2001 the Maguires objected to the refusal of their application. They said in that letter that: Due to a divorce settlement between his parents and family hardship, Mark was asked to sign by his Mother (Geraldene Maguire, nee: Geraldene Barnfield) a document making him a 1% owner in the property (namely 4 Jerome Avenue, Winston Hills NSW 2153) in 1992. The State Bank at the time would not allow his Mother to continue the loan solely in her name due to an income assessment. Mark has made no re-payments on this loan and will receive no benefits or pay out from this 1% ownership. All repayments have been deducted from Geraldene Maguire's (nee Barnfield) bank account. His Mother has recently refinanced this loan with the bank and his name removed from the property in question. 3 The objection was not granted and on 14 May 2001, Mark and Julia Maguire applied to the Tribunal for a review of the Commissioner's decision. Geraldene Maguire and her children, including Mark, changed their name from Barnfield (Geraldene's married name) to Maguire (Geraldene's maiden name) after Geraldene and her former husband Keith divorced. To avoid confusion, I will refer to members of the Maguire family by their first names.