Kameleddine v Chief Commissioner of State Revenue [2017] NSWCATAD 42

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kameleddine v Chief Commissioner of State Revenue [2017] NSWCATAD 42 Hearing dates: 5 September 2016, On the papers Date of orders: 30 January 2017 Decision date: 30 January 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: N S Isenberg, Senior Member Decision: 1. The Tribunal has no jurisdiction in respect of the application under the Duties Act 1997 and that application is refused. 2. The decision under review in respect of the application under the First Home Owner Grant (New Homes) Act 2000 is confirmed. Catchwords: FIRST HOME OWNER GRANT – merits review - new home - residence requirement - not previously sold as a place of residence - jurisdiction if no prior objection – eligible transaction Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Duties Act 1997 First Home Owner Grant (New Homes) Act 2000 Taxation Administration Act 1996 Cases Cited: B & L Linings Pty Ltd v Chief Commissioner of State Revenue [2008] NSWCA 187, (2008) 74 NSWLR 481 Cornish Investments Pty Limited v Chief Commissioner of State Revenue (RD) [2013] NSWADTAP 25 Category: Principal judgment Parties: Safa Kameleddine (Applicant) Chief Commissioner of State Revenue (Respondent) Representation: Counsel: E A Walker (Respondent)

Solicitors: Allied Lawyers (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 1510772