Section 129(1) of the Real Property Act 1900 (NSW) does not require proof of fault or negligence on the part of the Registrar-General; any act or omission in the execution of functions under the Act gives rise to an entitlement to compensation from the Torrens Assurance Fund if loss or damage results. A person who pays money to discharge a registered mortgage over another's land is entitled to subrogation to the mortgagee's rights even where the registered proprietor had no involvement in the transactions and the payer did not intend to keep the mortgage alive. The unjust enrichment explanation of subrogation advanced by Lord Hoffmann in Banque Financière is not established in Australian case law.
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