Disclaimer of a lease by the landlord’s liquidator does not extinguish the tenant’s property – part II

An earlier post on this blog noted a decision from the Supreme Court of Victoria finding that the liquidator of a landlord company could not use the disclaimer power in the Corporations Act to extinguish leases granted by the landlord company.

The decision has been appealed.  The Victorian Court of Appeal heard arguments on the appeal today and has reserved its decision.

For reasons discussed on my earlier post here, the decision is potentially significant, particularly if liquidators of shopping centre leases have the ability to extinguish shop leases.

I will endeavour to write a post about the decision when it is handed down.

About Sam Hopper

Sam is a property and insolvency barrister.

View all posts by Sam Hopper


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