Calcaro v Chief Commissioner of State Revenue [2004] NSWADT 158

CITATION: Calcaro v Chief Commissioner of State Revenue [2004] NSWADT 158 DIVISION: General Division APPLICANT PARTIES: Daniel Calcaro RESPONDENT Chief Commissioner of State Revenue FILE NUMBER: 043028 HEARING DATES: 24/05/2004 SUBMISSIONS CLOSED: 05/24/2004 DATE OF DECISION: 08/10/2004

BEFORE: Molony P - 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 ASIC v Adler [2002] NSWSC 483 Australian Competition and Consumer Commission v ABB Transmission and Distribution Limited (No 2) [2002] FCA 559; Australian Competition and Consumer Commission v ABB Transmission and Distribution Limited (No 2) [2002] FCA 559 Australian Securities Commission v Forem-Freeway Enterprises Pty Ltd (1999) 30 ASCR 339; CASES CITED: Bates v Chief Commissioner of State Revenue [2004] NSWADT 13; McKellar v Chief Commissioner of State Revenue [2004] NSWADT 22 Tomasian v Chief Commissioner of State Revenue [2004] NSWADT 37; Trade Practices Commission v CSR Ltd (1991) 13 ATPR 41–076; Yucel v Chief Commissioner of State Revenue [2004] NSWADT 53 APPLICANT REPRESENTATION: In person RESPONDENT H Roberts, solicitor ORDERS: The Tribunal ; a) affirms the decision of the Administrator to :; i) reverse a previous decision made under the First Home Owner Grant Act 2000 to pay Mr Daniel Calarco a grant of $7,000.00 with respect to his purchase of the premises at 27 Pine Avenue, Bradbury; and; ii) require, pursuant to s.45(1) of the First Home Owner Grant Act 2000, Mr Daniel Calarco to repay the grant of $7,000.00; and; b) varies the decision of the Administrator to impose a penalty of 100 per cent of the grant ($7,000.00) and in its place imposes a penalty of 50 per cent of the grant ($3,500.00)