High Court to hear appeal about Willmott

  • Author : Bill Stark - 19-06-2013

Since my post about Willmott on 13 September 2012, the High Court has granted special leave to appeal from the Victorian Court of Appeal's decision made in August 2012.

Later this year, the Full Court of the High Court will hear the appeal and hopefully clarify whether a liquidator can disclaim an onerous lease under the provisions of the Corporations Act which allow liquidators to disclaim onerous contracts.

In my opinion, the Victorian Supreme Court and Court of Appeal decisions both require clarification about whether the proprietary interest that is granted to tenants in a lease can also be disclaimed as a part of the disclaimer of the contractual aspects of the lease; that seems to be an issue not confronted by the Victorian courts in their judgments.

I look forward to the High Court's decision with great interest!

W G Stark

About the Author

Bill Stark

Recent Posts

How far above ground level can an owner of land enforce their rights of ownership?

Bill Stark Date: 06-10-2020

Can a gift of land during the donor's lifetime defeat a claim against his or her estate after death? - follow up

Bill Stark Date: 25-09-2020

Can a gift of land during the donor's lifetime defeat a claim against his or her estate after death?

Bill Stark Date: 23-09-2020

How does the Supreme Court determine whether modification of a restrictive covenant would substantially injure those entitled to the benefit of the covenant?

Bill Stark Date: 08-09-2020

Can I claim compensation from a lawyer who lodges a caveat on behalf of his or her client?

Bill Stark Date: 25-08-2020

Who is responsible when external cladding fails in an apartment tower during a fire?

Bill Stark Date: 10-01-2020