STATE SECURITIES PTY LTD v HALLMARK GROUP (AUST) PTY LTD (in liq) (rec and mgr apptd) and Another

79 VR 323·M Osborne J
79 VR 323
STATE SECURITIES PTY LTD v HALLMARK GROUP (AUST) PTY LTD (in liq) (rec and mgr apptd) and Another Supreme Court of VictoriaM Osborne J 30 April, 14 May 2026[2026] VSC 283CompaniesWinding upLeave to proceed against company in liquidationAfter appointment of interim receivers to company, director of lessor company purported to cause company to grant lease over premisesWhether lease binding on lessorPutative tenant seeking to enforce leaseTenant seeking relief against forfeitureWhether leave to proceed against lessor should be grantedCorporations Act 2001 (Cth), ss 420, 471B.

Hallmark owned an office premises. The Federal Court of Australia appointed interim receivers over the premises and other assets of Hallmark. After the date of appointment, Hallmark’s director executed on the company’s behalf a lease of the premises to State Securities Pty Ltd (SSPL). Hallmark went into liquidation, and the second defendant was later appointed as receiver and manager over Hallmark’s assets. The second defendant’s representatives locked SSPL out of the premises and asserted that the lease was invalidly granted and not binding on Hallmark.

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