Authorities on costs in winding-up applications dismissed because winding-up was contrary to the wishes of the majority of creditors do not apply where the applicant is ASIC rather than a creditor, and the application was an inappropriate vehicle to determine insolvency dependent on a disputed liability. Where a winding-up order is overturned on appeal, the applicant may be ordered to indemnify the company for costs incurred by the liquidator during the period of appointment.
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