High Court of Australia

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

88 ALJR 132; 304 ALR 80

4 Dec 2013

Case Number: M53/2013


French CJ, Hayne, Kiefel, Gageler, Keane JJ


Corporations law – Winding up – Insolvency – Liquidators appointed to manager of forestry investment schemes – Liquidators sought to sell assets of manager unencumbered by schemes – Assets included land over which leases granted by manager – Whether liquidators could disclaim leases granted by manager under s 568(1) of Corporations Act 2001 (Cth) – Whether lease "a contract" under s 568(1)(f) – Whether disclaimer of lease terminated tenant's estate or interest in land.

Words and phrases – "effect of disclaimer", "lease of land", "property of the company that consists of . . . a contract", "rights, interests, liabilities and property".

Corporations Act 2001 (Cth) – ss 568(1), 568(1A), 568D(1).

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