Beavan -v- Commissioner of State Revenue [2001] NSWADT 224

CITATION: Beavan -v- Commissioner of State Revenue [2001] NSWADT 224 DIVISION: General Division APPLICANT PARTIES: Brett Beavan RESPONDENT Commissioner of State Revenue FILE NUMBER: 013293 HEARING DATES: 14/12/2001 SUBMISSIONS CLOSED: 12/14/2001 DATE OF DECISION: 12/31/2001

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 : First Home Owners Grant Act 2000 CASES CITED: APPLICANT REPRESENTATION: In person RESPONDENT D Martin, agent ORDERS: The Commissioner's decision not to approve the applicant's application for a first home owners grant is affirmed.

Introduction 1 On 3 December 2001 Mr Beaven lodged an application with the Tribunal requesting a review of a decision of the Chief Commissioner, Office of State Revenue (the Commissioner). The decision was not to approve his application under the First Home Owner Grant Scheme (FHOGS). The Commissioner refused the applicant's application because he did not meet a requirement of the First Home Owners Act 2000 (FHOG Act) that the contract for purchase of the property be made on or after 1 July 2000. Mr Beaven's contract was exchanged on 7 June 2001 and settlement took place on 7 July 2000. 2 On 1 August 2001, Mr Beaven wrote to the Commissioner objecting to his decision and seeking a review of that decision. On review, the Commissioner affirmed that Mr Beaven was not eligible for the grant. 3 With the consent of the parties, this matter was decided "on the papers" pursuant to s 76 of the Administrative Decisions Tribunal Act 1997 (ADT Act).