Ansari v Chief Commissioner of State Revenue [2005] NSWADT 98

CITATION: Ansari v Chief Commissioner of State Revenue [2005] NSWADT 98 DIVISION: General Division APPLICANT PARTIES: Nazia Ansari RESPONDENT Chief Commissioner of State Revenue FILE NUMBER: 043411 HEARING DATES: 23/03/2005 SUBMISSIONS CLOSED: 04/22/2005 DATE OF DECISION: 05/06/2005

BEFORE: Higgins S - Judicial Member APPLICATION: first home owners grant - reversal of original decision - First Home Owners Grant Act - first home owners grant - reversal of original decision MATTER FOR DECISION: Principal matter LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 First Home Owners Grant Act 2000 Chief Commissioner of State Revenue v Farrington (GD) [2004] NSWADT AP 41; Bates v Chief Commissioner of State Revenue [2004] NSWADT 13; CASES CITED: McKellar v Chief Commissioner of State Revenue [2004] NSWADT 22; Yucel v Chief Commissioner of State Revenue [2004] NSWADT 53; Calcaro v Chief Commissioner of State Revenue [2004] NSWADT 158 APPLICANT REPRESENTATION: A Ansari, agent RESPONDENT S Benjamin, solicitor ORDERS: The Tribunal:; a) affirms the decision of the Chief Commissioner to:; i) reverse, pursuant to s.23 of the First Home Owner Grant Act 2000, a previous decision made under that Act to pay the applicants a grant of $7,000; ii) require, pursuant to s.45(1) of the First Home Owner Grant Act 2000, the applicants to repay the grant of $7,000; and ; b) varies the decision of the Commissioner to impose, pursuant to s.45(3) First Home Owner Grant Act 2000, a penalty of 20% of the grant and in its place imposes a penalty of 15% of the grant (i.e. $1,050.00)