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 […]

  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.

The third edition of Mortgagee’s Power of Sale will be released soon, written by Clyde Croft J and Robert Hay. Earlier editions of the book have been an invaluable resource for mortgage practitioners, and I am sure that the new edition will only enhance the title’s reputation. For more details, see Robert’s post here.

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.

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 […]

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 […]

For those who were interested in my previous post on this topic here, Robert Hay has just added another post to his blog that expands on the topic here. Robert’s post details a NSW Supreme Court decision in which it was found that a right of re-entry on account of the tenant being placed into […]

The High Court dismissed the application by the Liquidators for special leave to appeal in the FEA case on Friday. The applicants sought leave firstly on the question of whether the correct test had been applied by the Full Court of the Federal Court when deciding that there was no equitable set-off and secondly on […]

In the interesting recent decision of N R Reid & Co Pty Ltd v Pencarl Pty Ltd [2011] VCAT 2241, Judge O’Neill sitting as a Vice President of VCAT considered a case in which the landlord terminated the lease after the tenant’s guarantor was made bankrupt. The default and termination provisions of the lease took […]

  [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 […]