A Notice of Action under s 106(1)(f) of the Transfer of Land Act 1958 (Vic) does not prevent the Registrar of Titles from processing a discharge of mortgage or other instrument for registration. A claim of subrogation to a mortgagee's security rights requires an evidentiary foundation establishing the relevant facts, including the identity of borrowers, terms of the mortgage, amounts borrowed and amounts paid; bare assertions of having made unspecified mortgage payments are insufficient to establish a serious question to be tried.
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