Archive | December, 2013

Do tenants still need mortgagee’s consent to lease in light of the Willmott decision?

December 9, 2013


  A few solicitors have asked whether, in light of the High Court’s decision in Willmott last week (discussed here), tenants still need to insist on the consent of their landlord’s mortgagee before taking a lease. The answer is ‘yes‘. The High Court’s decision in Willmott recognises that a landlord’s liquidator has the power to extinguish a lease.  It does not […]

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Willmott appeal dismissed – landlord’s Liquidators may disclaim leases

December 4, 2013


  The High Court today found that Liquidators of a landlord company can use the disclaimer power in the Corporations Act to extinguish leases granted by that company. A summary of the decision is available here. The decision upholds a decision of the Victorian Court of Appeal that has created significant consternation among those acting for […]

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