Fisk v Chief Commissioner of State Revenue [2008] NSWADT 59

CITATION: Fisk v Chief Commissioner of State Revenue [2008] NSWADT 59

DIVISION: Revenue Division

APPLICANT Ryan Paul Fisk PARTIES: RESPONDENT Chief Commissioner of State Revenue

FILE NUMBER: 076041

HEARING DATES: 23 January 2008

SUBMISSIONS CLOSED: 23 January 2008

DATE OF DECISION: 27 February 2008

BEFORE: Verick A - Judicial Member

CATCHWORDS: First Home Owners grant - reversal by administrator

MATTER FOR DECISION: Principal matter

Administrative Decisions Tribunal Act 1997 First Home Owner Grant Act 2000 LEGISLATION CITED : Interpretation Act 1987 State Revenue Legislation Further Amendment Act 2003 State Revenue Legislation Further Amendment Act 2005

Alexopoulos v Commissioner of State Revenue (Taxation) [2006] VCAT 806 Basonovic v Chief Commissioner of State Revenue [2006] NSWADT 236 Collector Customs (NSW) v Brian Lawlor Automotive Pty Ltd (1979) 2 ALD 1 Cullen v Chief Commissioner of State Revenue [2007] NSWADT 121 Daniell v Commissioner of ACT Revenue 2008 ACTAAT 1 Federal Commissioner of Taxation v G M Swift and Others 89 ATC 5101 Hare v Commissioner of State Revenue (Taxation) [2006] VCAT 1054 CASES CITED: Huertas v Chief Commissioner of State Revenue [2007] NSWADT 28 Lawrance & anor v Chief Commissioner of State Revenue [2002] NSWADT 104 Mawad v Chief Commissioner of State Revenue [2005] NSWADT 207 McKenzie v Chief Commissioner of State Revenue [2005] NSWADT 214 Minister of Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Taylor v Chief Commissioner of State Revenue [2004] NSWADT 36 UH v Chief Commissioner of State Revenue [2005] NSWADT 284 WH v Chief Commissioner of State Revenue [2006] NSWADT 199