An application to wind up a company in insolvency is 'determined' for the purposes of s 459R of the Corporations Act when the primary court makes a final order dismissing the application or ordering winding up. Section 459R does not constrain the Court of Appeal's appellate jurisdiction, and no extension of the s 459R period is required to hear an appeal from such a determination. However, s 459R would constrain the appellate court from remitting an undetermined application to the primary court outside the prescribed period without substituting orders.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
3 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.