On an application for leave to bring derivative proceedings in the court's inherent jurisdiction, the court will not summarily determine limitation defences where the factual matrix is uncertain and crosses multiple causes of action. A collateral purpose of obtaining a benefit in potential future bankruptcy proceedings does not establish lack of good faith where the derivative claims are genuinely intended to be determined and the benefit would be the legal consequence of lawful pursuit. The onus of establishing lack of good faith lies on the party alleging it, unlike under s 237 of the Corporations Act where the applicant bears the onus.
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