Key Points:
A section 439A report must contain all material information which is known or reasonably ascertainable by administrators.
Introduction
Facts Facts
Decision
Comment
Introduction
Key Points:
The decision will give liquidators the certainty of knowing that disclaimer of a lease means that a tenant no longer has any interest in the land.
A recent decision of the Victorian Court of Appeal has confirmed that a liquidator of a landlord can disclaim a lease with full effect, so that the land is no longer encumbered by a tenant's interest.
On March 1 2011 Tokyo District Court issued a decision which admitted the right of avoidance exercised by the court-appointed administrator of a corporate debtor in possession under civil rehabilitation proceedings, where the debtor company had settled a mortgage for a financing company as the real guarantor of its parent company.