Australia disclaimer of propertyliquidator powersleases

Re Willmott Growers Group Inc (No 2)

Willmott Growers Group Inc v Willmott Forests Ltd (Receivers and Managers Appointed) (in liq) [2013] HCA 51; (2013) 251 CLR 592

JurisdictionAustralia

CourtHigh Court of Australia

Year2013

StatusBinding authority

Key Principle

A liquidator's statutory power under s 568(1) of the Corporations Act 2001 (Cth) to disclaim property includes the power to disclaim a lease granted by the company as lessor, and the disclaimer terminates the lessee's leasehold interest, leaving the lessee to prove as an unsecured creditor for any resulting loss.

Area of Law

insolvency

Related Cases

Stubbings v Jams 2 International Pty Ltd Stubbings v Jams 2 Pty Ltd [2022] HCA 6; (2022) 399 ALR 409

Stubbings v Jams 2 Pty Ltd (2022) 276 CLR 233

Badenoch Integrated Logging Pty Ltd v Bryant [2021] FCAFC 64

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