Maguire, Gillian Margaret Mary v Recorder of Titles

[1998] FCA 1068

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