The concept of 'market value' in s420A(1)(a) of the Corporations Law may bear a narrower meaning than merely 'ascertainable value' — it may mean a 'definite value' (clearly established market price) or a 'readily determinable value' (property with sufficient comparable sales). If so, para (b) has broader application than Einstein J's construction allowed. It remains an open question whether an appeal by a defendant against a company in liquidation requires leave under s471B, with the Court declining to decide the point.
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