Property Exchange v R-G [2026] NSWSC 344
Modern statutes may have their own interpretation provisions. The Act implementing the national e-conveyancing scheme13 is one of them. Schedule 1 of the National Law deals with things like legislative purpose, extrinsic materials and ordinary meaning. PEXA challenged denial of a request to pass through new charges to consumers on the basis denial ‘may not be unreasonably withheld’14. This was rejected. Wright J said the general principles reflected in Palmanova applied to the current issue ‘either directly or, at least, by analogy, and to the extent they are not inconsistent with Schedule 1’. Comment – the relationship between legislated interpretation provisions & common law principles is often murky15.
This principle is from Episode 134 of interpretation NOW!
Footnotes:
13 Electronic Conveyancing National Law (ACT) Act 2020 (ACT).
14 clause 5.4.4 Model Operating Requirements of the National Law.
15 Gayle [2019] NSWCA 172 [258-259], cf Harvey [2024] HCA 1 [106-116].