CITATION: Konchalowsky v Chief Commissioner of State Revenue [2006] NSWADT 100 DIVISION: Revenue Division APPLICANT PARTIES: Natalie Maree Konchalowsky RESPONDENT Chief Commissioner of State Revenue FILE NUMBER: 056034 HEARING DATES: 28/10/05 SUBMISSIONS CLOSED: 10/28/2005 DATE OF DECISION: 04/06/2006 BEFORE: Hole M - Judicial Member CATCHWORDS: Duties Act - First Home Plus Scheme - residence requirement MATTER FOR DECISION: Principal matter LEGISLATION CITED : Duties Act 1997 First Home Owner Grant Act 2000 Bates v Chief Commissioner of State Revenue [2004] NSW ADT 13 CASES CITED: Scurry v Chief Commissioner of State Revenue [2006] NSWADT 29 Snow v Chief Commissioner of State Revenue (No 2) [2005] NSWADT 278 APPLICANT In person REPRESENTATION: RESPONDENT S Benjamin, solicitor ORDERS: That the decision of the Chief Commissioner of State Revenue is confirmed REASONS FOR DECISION FACTS 1 The applicant has applied for a review of the decision of the Chief Commissioner of State Revenue to recall the First Home Owner's Grant ("the Grant") application no 053106 and revoke the First Home Plus stamp duty concession ("the concession") application no 056034 in respect of her purchase of a home unit at Cronulla ("the property"). The applicant's brother was a joint purchaser, he has not applied for a review of the Chief Commissioner of State Revenue's decision. 2 The facts and evidence in this matter are identical to the facts and evidence in 053106. The reasons set out in the decision on that application include the reasons in respect of this application. ORDER That the decision of the Chief Commissioner of State Revenue is confirmed. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.