In earlier posts here and here I have discussed the FEA decisions about the whether the words ‘without any deduction whatsoever‘ in a rental covenant are sufficient to exclude an equitable set-off.
An application for special leave to appeal from the decision of the Full Court of the Federal Court to the High Court of Australia has been filed by the Deed Administrators. I am not aware at this stage of a date for the hearing.
Sam Hopper Barrister 
October 18, 2011
Insolvency / managed investments schemes, Property / leasing