An order dismissing an application under s 237 of the Corporations Act 2001 (Cth) for leave to bring a statutory derivative action is interlocutory, not final, because the applicant remains free to make a fresh application. A grant of leave under s 237 will not be in the best interests of the company where it would place the applicant in a position of irreconcilable conflict of duties, such as where the applicant owes duties to other entities that require contending for the opposite outcome on a central issue.
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