Maguire, Gillian Margaret Mary v Recorder of Titles

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY

TG 11 of 1998

BETWEEN:

GILLIAN MARGARET MARY MAGUIRE
APPLICANT

AND:

RECORDER OF TITLES
FIRST RESPONDENT

COMMONWEALTH BANK OF AUSTRALIA
SECOND RESPONDENT

JUDGE:

HEEREY J

DATE:

25 AUGUST 1998

PLACE:

HOBART

REASONS FOR JUDGMENT

This application is based on a misconception. The applicant is the registered proprietor of the land initially described in Certificate of Title volume 4267, folio 27. On 3 March 1994 she executed a memorandum of mortgage in favour of the Commonwealth Bank of Australia. Subsequently the title to the same land was issued, volume 5429, folio 11. As one would expect the mortgage is registered on the new title, but the land remains the same. The liabilities of the applicant remain the same. There is no point in this application. The application will be dismissed.

I certify that this page is a true copy of the Reasons for Judgment herein of the Honourable Justice Heerey

Associate:

Dated: 25 August 1998

Counsel for the Applicant: Self

Counsel for the first Respondent: Mr C Owen

Solicitor for the first Respondent: Director of Public Prosecutions (Tasmania)

Counsel for the second Respondent: Mr C Cunningham

Solicitors for the second Respondent: Simmons Wolfhagen

Date of Hearing: 25 August 1998

Date of Judgment: 25 August 1998

CaseChat Overview and Summary

The case before the Federal Court of Australia involved Gillian Margaret Mary Maguire, the applicant, who was contesting the decision of the Recorder of Titles, with the Commonwealth Bank of Australia as the second respondent. The applicant had executed a memorandum of mortgage in favour of the Commonwealth Bank of Australia over the land described in Certificate of Title volume 4267, folio 27, and subsequently, the title to the same land was issued as volume 5429, folio 11. The mortgage was duly registered on the new title, but the applicant argued that the registration was erroneous and sought relief from the court.

The primary legal issue before the court was whether the applicant had grounds to challenge the registration of the mortgage on the new title, given that the land and the mortgage liabilities remained unchanged. The applicant argued that the registration on the new title was erroneous and sought to have it rectified. The court needed to determine whether the application was based on a valid legal premise and if there were any grounds for the relief sought by the applicant.

Justice Heerey dismissed the application, finding that the applicant's argument was based on a misconception. The court held that the registration of the mortgage on the new title was valid and that the liabilities of the applicant remained unchanged. As there was no point in the application, it was dismissed. The reasoning was straightforward, focusing on the unchanged nature of the land and the mortgage liabilities despite the change in the title volume and folio.

The court made no further orders, dismissing the application outright based on the findings that the registration was proper and that the applicant's concerns were unfounded.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY	TG 11 of 1998

JUDGE:	HEEREY J
DATE:	25 AUGUST 1998
PLACE:	HOBART

Counsel for the Applicant:	Self
Counsel for the first Respondent:	Mr C Owen
Solicitor for the first Respondent:	Director of Public Prosecutions (Tasmania)
Counsel for the second Respondent:	Mr C Cunningham
Solicitors for the second Respondent:	Simmons Wolfhagen
Date of Hearing:	25 August 1998
Date of Judgment:	25 August 1998