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