Liquidator power to terminate leases confirmed

The Implications of the Willmott Growers Decision

On 4 December 2013 the High Court handed down its decision in Willmott Growers Group Inc v Willmott Forests Limited (Receivers and Managers Appointed (In Liquidation)) [2013] HCA 51 (Willmott Growers case), clarifying the scope of a liquidator’s statutory power of disclaimer.

Filed under:
Australia, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs
Authors:
Carl Black , Mark Palermo , Jennifer Tropiano , Margie M. Tannock , Lindsey Pheloung-Beck
Location:
Australia
Firm:
Squire Patton Boggs
Twenty days and twenty nights, I was wrong and the lawyers were right, all along: register your security interest on the PPS register within 20 business days!

Case Note: Re Cardinia Nominees Pty Ltd [2013] NSWSC 32

Facts of the case

Cardinia Nominees Pty Ltd (Cardinia) agreed to lend Inika Pty Ltd (Inika) the sum of $750,000, in exchange for the issue of convertible bonds to Cardinia. The loan was secured by a charge in favour of Cardinia over the whole of Inika’s assets.

Filed under:
Australia, New South Wales, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Corporations Act 2001 (Australia)
Authors:
John Poulsen , Carl Black , Louise A. Boyce , Mark Palermo
Location:
Australia
Firm:
Squire Patton Boggs
Twenty days and twenty nights, I was wrong and the lawyers were right, all along: register your security interest on the PPS register within 20 business days!

Case Note: Re Cardinia Nominees Pty Ltd [2013] NSWSC 32

Facts of the case

Cardinia Nominees Pty Ltd (Cardinia) agreed to lend Inika Pty Ltd (Inika) the sum of $750,000, in exchange for the issue of convertible bonds to Cardinia. The loan was secured by a charge in favour of Cardinia over the whole of Inika’s assets.

Filed under:
Australia, New South Wales, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Corporations Act 2001 (Australia)
Authors:
Carl Black , Louise A. Boyce , Mark Palermo
Location:
Australia
Firm:
Squire Patton Boggs