An important new precedent on the Liquidator’s power of disclaimer: In the matter of Tahmoor Coal Pty Ltd (in liq) [2026] NSWSC 773

Natalie Tatasciore and Alex Gorovtsov of Mallesons explain that Tahmoor Coal confirms liquidators cannot use the disclaimer power to strip away a royalty deed or negative covenant simply to improve creditor recoveries, with the NSW Supreme Court holding that reduced sale value is not enough to make a contract “unprofitable” and that counterparties’ bargained-for rights remain vulnerable to injunctive protection.

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