H.D. Simon Fernando alias H.D. Simon Munasinghe vs R.D. Hector Jayasiri – CA APN/MISC/01/2011-2012

In the matter of H.D. Simon Fernando alias H.D. Simon Munasinghe (Applicant) versus R.D. Hector Jayasiri and the Chairman and Members of the Debt Conciliation Board, Colombo 12 (Respondents), the court considered whether Section 19A(1A) of the Debt Conciliation (Amendment) Act No.29 of 1999 is applicable to debts secured by transfers executed prior to 17th September 1999. It was held that only transfers executed on or after 17th September 1996 are subject to applications before the Debt Conciliation Board under the amended Act, even where the debtor remains in possession. The court reaffirmed the principle that statutory provisions do not operate retrospectively unless expressly provided. Reference was made to statutory interpretation and the design of the Debt Conciliation Ordinance, esta