Maguire, Gillian Margaret Mary v Recorder of Titles & Anor [1998] FCA 1594

Maguire, Gillian Margaret Mary v Recorder of Titles & Anor [1998] FCA 1594

There is no arguable ground for appeal, as the registration of the mortgage on a new certificate of title does not invalidate the mortgage or the applicant's title, and s 33 Land Titles Act 1980 (Tas) authorises the Recorder's actions.

Jurisdiction
Australia
Judgment Date
24 November 1998
Procedural Posture
Extension of Time Application for Appeal / Judgment on Extension Application
Outcome
application dismissed
Legal Topics
['torrens System' 'mortgage Registration' 'certificate of Title' 'land Titles Act 1980 (tas) Extension of Time']
['property Law'] ['torrens System' 'mortgage Registration' 'certificate of Title' 'land Titles Act 1980 (tas) Extension of Time']

Case Brief

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Procedural Posture

Extension of Time Application for Appeal / Judgment on Extension Application

Legal Issues

  1. 1 ["Whether there is an arguable ground for appeal against Heerey J's decision" 'Whether the Recorder of Titles acted lawfully under s 33 Land Titles Act 1980 (Tas)' 'Whether registration of the mortgage on a new certificate invalidates mortgage/title']

Ratio Decidendi

There is no arguable ground for appeal, as the registration of the mortgage on a new certificate of title does not invalidate the mortgage or the applicant's title, and s 33 Land Titles Act 1980 (Tas) authorises the Recorder's actions.

Court Disposition

application dismissed

Orders

  • ['application for extension of time dismissed']