Search Results | willmott

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

December 9, 2013

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  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

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  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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Willmott appeal heard

August 13, 2013

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Last Friday, 9 August 2013, the High Court heard an appeal against the Victorian Court of Appeal’s decision in Willmott Forests Ltd (Receivers and Managers appointed)(in liquidation) v Willmott Growers Group Inc and Willmott Action Group Inc [2012] VSCA 202. For those following the development of the case, the transcript of the hearing can be […]

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More on the Willmott decision – disclaimer of a contract of sale of land?

October 11, 2012

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For those interested in the Court of Appeal’s recent decision in the Willmott case, the decision was referred to recently by Beach J in the Victorian Supreme Court decision of Grant v Harlgate Pty Ltd & Anor [2012] VSC 464 (9 October 2012). The decision is also relevant to conveyancing lawyers faced with an insolvent […]

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Willmott special leave to appeal application filed

October 4, 2012

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The Australian Financial Review today published an article reporting that an application for special leave to appeal the Court of Appeal’s recent decision in the Willmott case was filed last week. The Court of Appeal held that a liquidator of a land owning company can use the disclaimer power in the Corporations Act to disclaim […]

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Disclaimer of a lease by a landlord’s liquidator – Growers granted special leave to appeal

May 11, 2013

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The High Court yesterday granted special leave to appeal the Court of Appeal’s decision in Willmott Forests Ltd (Receivers and Managers appointed)(in liquidation) v Willmott Growers Group Inc and Willmott Action Group Inc [2012] VSCA 202. In a decision that has prompted a flurry of online discussions, the Court of Appeal held that a liquidator appointed […]

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More on disclaimer of a lease – part 2

September 7, 2012

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  For those following the debate about the Court of Appeal’s decision about the disclaimer of leases in the Willmott decision, here is another summary and comment on the decision by King & Wood Mallesons.

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More on disclaimer of a lease

September 5, 2012

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For those who are interested in the debate following my previous post on the Willmott decision, my friend and colleague Carrie Rome-Sievers has put an excellent summary of the case on her blog here.

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Disclaimer of a lease by the landlord’s liquidator – part 2

September 3, 2012

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The Court of Appeal last week ruled that a liquidator appointed to a land owning company could use the disclaimer power in s 568 of the Corporations Act to extinguish leases granted by that company. This decision may have significant consequences for tenants and their financiers if their landlords are placed into liquidation. The case […]

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

February 9, 2012

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  [ED – the decision in this case has been overturned by the Court of Appeal – see subsequent post here.] Her Honour Davies J in the Victorian Supreme Court has ruled that the liquidator appointed to a land owning company cannot use the disclaimer power under the Corporations Act to disclaim leases over that […]

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