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    Hands off my money! High Court of Australia confirms priority of liquidators’ lien
    2014-08-14

    In Stewart v Atco Controls Pty Ltd (In Liquidation) [2014] HCA 15, the High Court of Australia recently delivered a decision which has confirmed the priority of a Liquidator’s lien over the interests of a secured creditor.

    The facts

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Piper Alderman, Secured creditor, High Court of Australia
    Location:
    Australia
    Firm:
    Piper Alderman
    Willmott Growers Group v Willmott Forests Limited (In liquidation)
    2014-05-21

    04 December 2013
    [2013] HCA 51
    High Court of Australia (French CJ, Hayne J, Kiefel J and Gageler J; Keane J dissenting)

    The High Court of Australia held that liquidators of an insolvent lessor could disclaim a lease, and that this would terminate the lessee’s proprietary interest.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, XXIV Old Buildings, Liquidation, Corporations Act 2001 (Australia), High Court of Australia
    Location:
    Australia
    Firm:
    XXIV Old Buildings
    Change of position – ‘disenrichment’ principle not accepted
    2014-05-26

    Australian Financial Services and Leasing Pty Ltd v Hills Industries Limited  [2014] HCA 14

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, The Commercial Bar Association of Victoria, Commonwealth Bank, High Court of Australia
    Authors:
    Karen J Le Faucheur
    Location:
    Australia
    Firm:
    The Commercial Bar Association of Victoria
    Extra powers for liquidators – how will this affect your lease?
    2014-04-08

    A recent decision in the High Court of Australia gave liquidators of landlords extra powers to disclaim leases that are registered on title. For example, if a landlord leases a site to a tenant, and the landlord subsequently goes into liquidation, the liquidator does not have to abide by the terms of the lease, and may refuse to recognise the lease and ask the tenant to vacate the site.

    Facts

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Real Estate, Coleman Greig Lawyers, Landlord, Leasehold estate, Liquidator (law), High Court of Australia
    Authors:
    Andrew Grima , Dean Claughton
    Location:
    Australia
    Firm:
    Coleman Greig Lawyers
    Willmott Forests High Court appeal dismissed
    2013-12-06

    In brief - High Court confirms that liquidators of landlord companies can disclaim leases, terminating lessees' rights

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Real Estate, Colin Biggers & Paisley Lawyers, Leasehold estate, Liquidation, Liquidator (law), Corporations Act 2001 (Australia), Victoria Supreme Court, High Court of Australia
    Authors:
    Nigel Watson
    Location:
    Australia
    Firm:
    Colin Biggers & Paisley Lawyers
    Setting aside transactions: the good faith defence
    2013-12-13

    In Madsen-Ries v Rapid Construction Ltd [2013] NZCA 489, the Court of Appeal considered an appeal concerning a liquidator's attempt to have a payment set aside. 

    Filed under:
    Australia, New Zealand, United Kingdom, Banking, Insolvency & Restructuring, Litigation, Buddle Findlay, Good faith, High Court of Australia
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    Australia, New Zealand, United Kingdom
    Firm:
    Buddle Findlay
    Liquidator's disclaimer of lease upheld by Australian High Court
    2013-12-13

    In our September 2012 insolvency update, we reported on Re Willmott Forests Ltd [2012] VSC 29, where the Victorian Court of Appeal found that a leasehold interest in land is extinguished by a liquidator's disclaimer of the lease pursuant to section 568(1) of the Australian Corporations Act 2001 (Cth).

    Filed under:
    Australia, New Zealand, Victoria, Insolvency & Restructuring, Litigation, Real Estate, Buddle Findlay, Leasehold estate, Liquidator (law), Corporations Act 2001 (Australia), Victoria Supreme Court, High Court of Australia
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    Australia, New Zealand
    Firm:
    Buddle Findlay
    Disclaimer of leases following Willmott Forests - the picture remains incomplete
    2013-12-04

    Today the High Court of Australia handed down a decision which confirms a liquidator has the green light to disclaim leasehold interests in land (Willmott Growers Group Inc v Willmott Forests Limited (receivers and managers appointed)(in liquidation)).

    Due to the way in which the case came before the Courts, the High Court did not consider the application of s568B of the Corporations Act 2001 (Cth) (Act). 

    This section allows tenants to challenge in Court the liquidator’s disclaimer.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Real Estate, Gadens, Leasehold estate, Liquidation, Liquidator (law), Corporations Act 2001 (Australia), High Court of Australia
    Location:
    Australia
    Firm:
    Gadens
    Tenants beware: HCA confirms broad scope of liquidators’ powers to disclaim leases under s.568 Corporations Act 2001 (Cth)
    2013-12-05

    Willmott Growers Group Inc v Willmott Forests Ltd (Receivers and Managers appointed) (In Liquidation) [2013] HCA 51

    Overview

    Section 568 of the Corporations Act 2001 (Cth) (Act) gives liquidators broad powers to disclaim onerous property.

    Until the High Court’s decision, it was unclear whether this power entitled a liquidator of an insolvent landlord to disclaim a lease, such that the solvent tenant no longer has any proprietary interest in the land.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Real Estate, Herbert Smith Freehills LLP, Landlord, Leasehold estate, Liquidator (law), Corporations Act 2001 (Australia), Victoria Supreme Court, High Court of Australia
    Authors:
    Konrad de Kerloy
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Voidable transactions update – the High Court considers the new regime
    2010-12-10

    Case law on the new insolvent transactions regime is scarce, even though the changes were introduced three years ago. The High Court's recent decision in Blanchett v McEntee Hire Holdings Limited examines, for the first time in New Zealand, central principles in the new voidable transactions regime.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Simpson Grierson, Credit (finance), Debt, Liquidation, Good faith, Debt collection, Collection agency, Liquidator (law), High Court of Justice (England & Wales), High Court of Australia
    Authors:
    James Caird , Michael Robinson , Ben Upton
    Location:
    New Zealand
    Firm:
    Simpson Grierson

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