The discretion to grant ASIC leave to apply for winding up under s 459P of the Corporations Act 2001 (Cth) is concerned with the strength of the evidence of insolvency and whether a winding up order should be made, not with the control of the course of the ensuing liquidation. A condition requiring ASIC to pay all liquidator costs is not a valid condition on such leave. Where a court order specifies 'days' notice without qualification, this means calendar days, not business days. A procedural irregularity in combining two companies in one winding up application does not render the order a nullity where no substantial injustice is shown.
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