Willmott Growers Group Inc. v Willmott Forests Ltd (Receivers and Managers Appointed) ((in Liquidation))
| Jurisdiction | Australia Federal only |
| Judge | French CJ,Hayne,Kiefel JJ.,Gageler J.,Keane J. |
| Judgment Date | 04 December 2013 |
| Neutral Citation | 2013-1204 HCA B,[2013] HCA 51 |
| Docket Number | M53/2013 |
| Court | High Court |
| Date | 04 December 2013 |
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18 cases
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Commissioner of State Revenue v Placer Dome Inc.
...Growers Group Inc v Willmott Forests Ltd (Receivers and Managers Appointed) (In liq) (2013) 251 CLR 592 at 603–604 [35]–[38], 615 [76]; [2013] HCA 51. 159Smith Kline & French Laboratories (Aust) Ltd v Secretary, Department of Community Services and Health (1990) 22 FCR 73 at 121. 160 Sectio......
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Mann v Paterson Constructions Pty Ltd
...Growers Group Inc v Willmott Forests Ltd (Receivers and Managers Appointed) (In liq) (2013) 251 CLR 592 at 637–638 [156] per Keane J; [2013] HCA 51; Heyman v Darwins Ltd [1942] AC 356 at 399 per Lord Porter; Photo Production Ltd v Securicor Transport Ltd [1980] AC 827 at 844 per Lord Wilber......
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Gnych v Polish Club Ltd
...Growers Group Inc v Willmott Forests Ltd (Receivers and Managers Appointed) (In liq) (2013) 251 CLR 592 at 604 [40], 610–611 [61]–[65]; [2013] HCA 51. 31 (1966) 115 CLR 1 at 8; [1966] HCA 32Australian Competition and Consumer Commission v Baxter Healthcare Pty Ltd (2007) 232 CLR 1 at 29 [46......
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Crown Melbourne Ltd v Cosmopolitan Hotel (VIC) Pty Ltd and Another
...Forests Ltd (Receivers and Managers Appointed) (In liq) (2013) 251 CLR 592 at 604 [39]–[40], 610–611 [61]–[62], 634–635 [151]–[152]; [2013] HCA 51. 187 (2006) 13 BPR 24,755 188 Maynard v Moseley (1676) 3 Swans 651 at 655 [ 36 ER 1009 at 1011]; Stern v McArthur (1988) 165 CLR 489 at 514; [19......
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6 firm's commentaries
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How can a tenant protect its lease if a landlord company is wound up?
...the High Court of Australia in Willmott Growers Group Inc v Willmott Forests Limited (Receivers and Managers appointed) (In Liquidation) [2013] HCA 51 (Willmott), the liquidator of a landlord company has a statutory right to disclaim a tenant's lease of premises. If this statutory right is ......
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High Court Decides on Disclaimer of Leases
...to disclaim a lease, the case of Willmott Growers Group Inc v Willmott Forests Limited (Receivers and Managers Appointed) (In Liquidation)[2013] HCA 51 explores the novel situation where the liquidator of a corporate landlord wishes to disclaim a lease. Facts Willmott Forests Ltd (WFL) leas......
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Security of Tenure for Tenants: Willmott Growers Group v Willmott Forest Limited (Receivers and Managers Appointed) (In Liquidation)
...capacity as manager of the unregistered managed investment schemes listed in Sch 2 and Others (according to Sch 1)) (2012) 91 ACSR 182. 2 [2013] HCA 51 3 Section 568D(2) of the Corporations Act 2001 (Cth) The content of this article is intended to provide a general guide to the subject matt......
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Willmott Forests High Court appeal dismissed
...delivered its judgment in Willmott Growers Group Inc v Willmott Forests Limited (Receivers and Managers Appointed) (In Liquidation) [2013] HCA 51. The majority found that under the Corporations Act 2001 (Cth), a liquidator of a landlord company has the power to disclaim a lease granted to a......
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2 books & journal articles
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Bankruptcy and insolvency
...EWHC 3189 (Ch). See also Ng Yat Chi v Max Share Ltd (1997–1998) 1 HKCFAR 155; Willmott Growers Group Inc v Willmott Forests Ltd (In Liq) [2013] HCA 51. 235 Global Television Pty Ltd v Sportsvision Australia Pty Ltd (2000) 35 ACSR 484 [Sup Ct NSW, Santow J]; In re SSSL Realisations (2002) Lt......
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Care in Australian retirement villages.
...Act 2001 (Cth) s 568(1); Willmott Growers Group Inc v Willmott Forests Limited (Receivers and Managers appointed) (In liquidation) [2013] HCA 51 (4 December 2013), and see NSW s 129(2)(d). (107) Commonwealth of Australia Constitution 1901 (Cth) s 109. (108) ACT s 183; NSW s 130; NT s 28; SA......