Disclaimer of land: Seeing the wood through the trees

Abstract

Liquidators and trustees often disclaim leases, but can a liquidator of a landlord disclaim the landlord’s interest in the lease? This was the preliminary issue before Davies J. in Re Willmott Forests Ltd.1 Her Honour answered “No." This article suggests that Davies J. reached the wrong conclusion, by misinterpreting s 568D(1) Corporations Act 2001 (Cth), failing to follow persuasive authority of the House of Lords, and wrongly discounting a decision of a Master on the actual point.