Australia liquidationdisclaimer of propertydisclaimer

Re Willmott Growers Group Inc

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 of an insolvent lessor may disclaim a lease under s 568 of the Corporations Act 2001 (Cth), and the disclaimer terminates not only the company's contractual obligations but also the lessee's proprietary leasehold estate, because the lessee's rights are inextricably linked to and dependent upon the lessor's disclaimed obligations.

Area of Law

procedure

Related Cases

Getswift Ltd v Webb (2021) 283 FCR 328; [2021] FCAFC 26

UBS AG v Tyne (2018) 265 CLR 77

Palmer v Ayres (2017) 259 CLR 478

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