The prospects of success of a proposed derivative action may be considered under s 237(2)(c) (best interests) notwithstanding a finding of a serious question to be tried under s 237(2)(d), provided there is no logical inconsistency between the two findings. An applicant for leave under s 237 who offers a costs indemnity must lead evidence of financial capacity to meet the indemnity. The availability of alternative proceedings (such as oppression proceedings under s 233) is a significant factor in assessing whether substantial injustice would result from refusal of leave to appeal.
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