The statutory derivative action under s 237 of the Corporations Act 2001 (Cth) is available to resolve deadlocks in joint venture companies where the controlling interests are equally divided and unable to agree. Even if ss 236 and 237 do not apply to a company in liquidation, the court retains inherent jurisdiction to authorise a contributory to sue in the company's name, consistent with ss 477(6) and 511(1). The court cannot add to the criteria in s 237(2)(a) by requiring the applicant to show willingness to fund the liquidator.
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