NSW Caselaw
CITATION: Band v Chief Commissioner of State Revenue [2007] NSWADT 185
DIVISION: Revenue Division
APPLICANT PARTIES: Lucy Lydia Band RESPONDENT Chief Commissioner of State Revenue
FILE NUMBER: 066080
HEARING DATES: 13 February 2007
SUBMISSIONS CLOSED: 14 August 2007
DATE OF DECISION: 17 August 2007
BEFORE: Seve J - Judicial Member
CATCHWORDS: Duties Act - First Home Plus Scheme - residence requirement - First Home Owners grant - reversal by administrator
MATTER FOR DECISION: Principal matter
Administrative Decisions Tribunal Act 1997 Duties Act 1997 First Home Owner Grant Act 2000 First Home Owner Grant Act 2000 (Vic) LEGISLATION CITED : Intergovernmental Agreement Implementation (GST) Act 2000 Interpretation Act 1987 Real Property Act 1900 State Revenue Legislation Amendment Act 2004 Taxation Administration Act 1996
Alcova Holdings Pty Ltd v Pandarlo Pty Ltd (1988) 15 NSWLR 53 Australian Fencing Hire v Chief Commissioner of State Revenue [2005] NSWSC 1286 Bailey v Chief Commissioner of State Revenue [2007] NSWADT 19 Commissioner of Stamp Duties v Permanent Trustee Company limited (1987) 9 NSWLR 719 Commissioner of State Revenue v Harrison [2006] VSC 227 CPT Custodian Pty Ltd v Commissioner of State Revenue; Commissioner of State Revenue v Karingal 2 Holdings Pty Ltd [2005] HCA 53 at 26 Cullen v Chief Commissioner of State Revenue [2007] NSWADT 12 David Securities Pty Ltd v Commonwealth Bank of Australia (1991-1992)175 CLR 353 Edwards v Chief Commissioner of State Revenue [2006] NSWADT 204 Goon v Chief Commissioner of State Revenue [2007] NSWADT 17 CASES CITED: Gregoriou v Chief Commissioner of State Revenue [2003] NSWADT 145 Hafza v Chief Commissioner of State Revenue [2006] NSWADT 116 ISPT Nominees Pty Ltd v Chief Commissioner of State Revenue [2003] NSWSC 697 J A Pye (Oxford) Ltd and Others v Graham and Another [2002] 3 All ER 865 McKenzie v Chief Commissioner of State Revenue [2005] NSWADT 214 Powell v McFarlane (1979) 38 P & CR 452 Scurry v Chief Commissioner of State Revenue [2006] NSWADT 28 Snow v Chief Commissioner of the State Revenue [2005] NSWADT 278 Trust Co of Australia v Chief Commissioner of State Revenue [2006] NSWSC 792 United Starr-Bowkett Co-operative Building Society (No 11) Ltd v Clyne (1967) 68 SR (NSW) 331 Western Australia v Ward (2002) 191 ALR 1
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