Maguire, Gillian Margaret Mary v Recorder of Titles & Anor [1998] FCA 1068

Maguire, Gillian Margaret Mary v Recorder of Titles & Anor [1998] FCA 1068

The application has no point as the change in Certificate of Title does not alter the land or the liabilities of the applicant; the mortgage remains registered on the new title for the same land.

Parties
Applicant: Gillian Margaret Mary Maguire; First Respondent: Recorder of Titles; Second Respondent: Commonwealth Bank of Australia
Jurisdiction
Australia
Judgment Date
25 August 1998
Procedural Posture
Application / Judgment
Outcome
Dismissed

Case Brief

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Parties

Gillian Margaret Mary Maguire

Applicant

Recorder of Titles

First Respondent

Commonwealth Bank of Australia

Second Respondent

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 Whether there is a valid basis for the application given the change in Certificate of Title.

Ratio Decidendi

The application has no point as the change in Certificate of Title does not alter the land or the liabilities of the applicant; the mortgage remains registered on the new title for the same land.

Court Disposition

Dismissed

Orders

  • The application will be dismissed.