The Court of Appeal held that an application for leave to appeal against a company in administration constitutes a separate 'proceeding' for the purposes of s 440D of the Corporations Act 2001 (Cth), distinct from the proceedings at first instance. Accordingly, the administrator's written consent or leave of the Court must be obtained before filing the summons seeking leave to appeal; failure to do so renders the summons incompetent and liable to dismissal. The Court extended to s 440D the same approach already established under ss 471B and 500(2) in prior NSWCA authority.
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