A decision under s 237 of the Corporations Act 2001 (Cth) is not discretionary; appellate review proceeds under Warren v Coombes, not House v The King. Where derivative proceedings seek a constructive trust, the applicant must adduce evidence of the company's capacity to do equity as part of establishing that the proceedings are in the company's best interests under s 237(2)(c). The Western Australian Court of Appeal's contrary suggestion in Blakeney v Blakeney should not be followed on the standard of appellate review.
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