Part 2F.1A of the Corporations Act authorises the granting of leave to defend proceedings on behalf of a company, not merely to bring proceedings. The probability that a company will not itself bring proceedings under s 237(2)(a) must be assessed on the presenting circumstances at the time of the hearing, and cannot be deferred on the basis that a future liquidator or resolution of shareholder disputes might change the position. The personal qualities, interests, animus and mental fitness of the applicant are not relevant to the best interests criterion in s 237(2)(c); that criterion directs attention solely to the company's separate and independent welfare. Good faith under s 237(2)(b) can be inferred from objective facts and does not require a sworn assertion of honest belief.
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