A winding up application is 'determined' for the purposes of s 459R of the Corporations Act 2001 (Cth) on the date the winding up order is pronounced, not on the date a stay of that order is discharged. A stay of the operation of a winding up order does not alter the date on which the order was made or the application determined. The fact that a debt is owed jointly and severally does not of itself make it an abuse of process for the creditor to pursue winding up against one of the joint and several debtors.
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