This judgement re Environinvest bodes ominously for growers:"For...

This judgement re Environinvest bodes ominously for growers:

"For the purpose of winding up the schemes, I have found that the leases and trees standing on the allotments leased by growers investing in the registered schemes may be dealt with by the scheme liquidator in the winding up process. The trees are scheme property for that purpose and the leases may be terminated under cl 34.4 of the PYEP constitution and the corresponding provisions in the other constitutions."

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/vic/VSC/2009/33.html?query=environinvest

That's right. If this precedence holds, then the liquidator can grab the trees and use the proceeds to pay the banks.