This week’s TGIF considers a recent Court of Appeal decision concerning the extent to which an owner of property can pursue its proprietary rights whilst the company is in administration.
In the NSW Court of Appeal decision (Jet Midwest, Inc v Regional Express Holdings Limited trading as Regional Express Airlines (Administrators Appointed) [2025] NSWCA 101), Mitchelmore JA, McHugh JA and Ball JA determined that an owner of property could not pursue its proprietary rights against a company in administration.
Key takeaways
- During the administration period, third parties are precluded from commencing proceedings seeking to recover property in the possession of the company without the agreement of the administrator(s) or leave…