The Court of Appeal considered it more than merely arguable that estoppel cannot operate against the jurisdictional time requirement in s 459G of the Corporations Act 2001 (Cth), as identified in David Grant & Co Pty Ltd v Westpac Banking Corporation. The substantive question — whether estoppel can defeat the s 459G jurisdictional requirement — was not determined and remains to be resolved on appeal. Where a public authority seeks leave to appeal on a point of principle important for the administration of the law, the Court may condition the grant of leave on the applicant bearing the respondent's costs in any event.
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