Registration of Deeds (Amendment) Act 1978 (ACT)

In the recent case, the court was asked to interpret the Registration of Deeds (Amendment) Ordinance 1978 (ACT). The dispute involved the application of the new registration fee under the amended ordinance to a deed registered prior to the effective date of the amendment. The central issue was whether the amendment applied retroactively, imposing the higher fee on deeds registered before the amendment took effect.

The court examined the language of the ordinance, noting that it did not explicitly state whether the amendment was to be applied retroactively. The court considered legislative intent, statutory interpretation principles, and the principle of legality, which requires that statutes be interpreted in a manner that avoids retrospective operation unless the language clearly indicates such intent. The court concluded that the ordinance did not manifest an intention to operate retrospectively and, therefore, the amendment did not apply to deeds registered before its effective date.

Consequently, the court ruled in favour of the party contesting the higher registration fee, holding that the amendment did not apply to deeds registered prior to its commencement. The court's decision provides clarity for parties dealing with deeds registered before legislative amendments and underscores the importance of clear legislative drafting to avoid ambiguity regarding retrospective application.