The landlord argued that the force majeure clause did not apply at all for three primary reasons. The Bankruptcy Court rejected each of the landlord’s arguments.
USA, Insolvency & Restructuring, Litigation, Real Estate, Duane Morris LLP, Landlord, Force majeure, Coronavirus, Paycheck Protection Program, Title 11 of the US Code
In the decision of Re Arcabi Pty Ltd (Receivers & Managers Appointed) (in liq) [2014] WASC 310 the court considered:
- the application of the Personal Property Securities Act 2009 (Cth) (PPSA) to goods being held on a bailment or consignment basis by a company in receivership and liquidation; and
- the receivers’ rights to be indemnified for costs and expenses related to investigating and protecting the property of third parties.
What is the significance?
Australia, Western Australia, Banking, Insolvency & Restructuring, Litigation, King & Wood Mallesons