Powles & anor v Chief Commissioner of State Revenue [2006] NSWADT 156

CITATION: Powles & anor v Chief Commissioner of State Revenue [2006] NSWADT 156

DIVISION: General Division

APPLICANTS Brian Adrian Powles PARTIES: Natalie Marie Powles RESPONDENT Chief Commissioner of State Revenue

FILE NUMBER: 053090

HEARING DATES: 23/01/06

SUBMISSIONS CLOSED: 01/23/2006

DATE OF DECISION: 05/29/2006

BEFORE: Hole M - Judicial Member

CATCHWORDS: first home owners grant - approval of application - First Home Owners Grant Act - first home owners grant - approval of application

MATTER FOR DECISION: Principal matter

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : First Home Owners Grant Act 2000 Stamp Duties Act 1920

Associated Provincial Picture Houses Ltd v Wednesday Corporation [1948] 1 KB 223 Bates v Chief Commissioner of State Revenue [2004] NSWADT 13 CASES CITED: FAI Insurances Ltd v Winneke (1982) 151 CLR 342 McKenzie v Chief Commissioner of State Revenue [2005] NSWADT 14 Minister for Aboriginal Affairs v Peko-Wallsend (1986) 162 CLR 24 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR

APPLICANTS R A Powles, agent REPRESENTATION: RESPONDENT S Benjamin, solicitor

ORDERS: 1. The decision of the Chief Commissioner of State Revenue to refuse to exercise the Chief Commissioner of State Revenue's discretions in Section 12(1B) First Home Owner Grant Act 2000 or Section 14(7) First Home Owner Grant Act 2000 is confirmed; 2. The Chief Commissioner of State Revenue complied with the requirements of Section 49(3) of the Administrative Decisions Tribunal Act 1997 by the letter dated 1 February 2005.