Baiada Pty Ltd v Registrar-General of NSW

Baiada Pty Ltd (the applicant) sought judicial review of a decision by the Registrar-General of NSW (the respondent) to refuse to register a transfer of land. The dispute concerned the interpretation of section 317A of the *Conveyancing Act 1919* (NSW), which requires a transfer of land to be accompanied by a statutory declaration that the transferor is not a foreign person, or if they are, that the transfer is in accordance with the *Foreign Acquisitions and Takeovers Act 1975* (Cth). The applicant argued that the Registrar-General had erred in law by requiring a declaration from the transferee, rather than the transferor, and by refusing registration on the basis that the declaration provided by the transferor was insufficient. The matter came before the High Court of Australia.

The High Court was required to determine whether section 317A of the *Conveyancing Act 1919* (NSW) mandated the statutory declaration to be made by the transferor or the transferee, and whether the Registrar-General had acted within their powers in refusing to register the transfer based on the provided declaration. Specifically, the court had to consider the scope of the Registrar-General's duty to register instruments and the circumstances under which a refusal to register would be lawful.

The High Court held that section 317A clearly stipulated that the statutory declaration must be made by the transferor. The court reasoned that the purpose of the provision was to ensure that the transferor affirmed their status as a foreign person or confirmed compliance with the Commonwealth legislation. The Registrar-General's insistence on a declaration from the transferee and the subsequent refusal to register based on the transferor's declaration were therefore found to be erroneous. The court emphasised that the Registrar-General's role was ministerial, and they were not empowered to question the truthfulness of a statutory declaration made in compliance with the Act, absent any other vitiating factors.

The High Court ordered that the appeal be allowed and that the Registrar-General be ordered to register the transfer of land.