Olympus Superannuation Fund (Tas) Pty Ltd v Recorder of Titles

Olympus Superannuation Fund (Tas) Pty Ltd sought judicial review of a decision by the Recorder of Titles in Tasmania. The dispute concerned the Recorder's power to amend or vary a Torrens title record, specifically whether the Recorder could correct an error that arose from a previous correction. The matter came before the Full Court of the Supreme Court of Tasmania.

The central legal issue before the Full Court was the interpretation of section 139 of the *Land Titles Act 1980* (Tas). The Court was required to determine the scope of the Recorder of Titles' authority under this section, particularly whether the power to correct errors could be exercised repeatedly, even if a previous correction had itself introduced an error.

The Full Court held that the Recorder's power under section 139 to correct errors in the register is not exhausted by a single exercise. The Court reasoned that the wording of the section, which states the Recorder "may exercise the power under this section from time to time as occasion may require," indicates a continuing and recurring authority. Therefore, if a previous correction by the Recorder resulted in a new error, the Recorder retained the power to correct that subsequent error. The Court found that the Recorder had the power to amend the title record to rectify the error that had arisen from the earlier correction.