A director's standing to apply to wind up a company in insolvency under s 459P(1)(d) of the Corporations Act 2001 (Cth) is determined as at the date the application is filed; subsequent removal as a director does not destroy standing but is relevant to the court's discretion on the grant of leave and the substantive winding up application. Section 459R of the Act is concerned with whether the primary court disposed of the winding up application within the prescribed period; once the primary court has determined the application within that period, s 459R(3) does not operate to automatically dismiss the application upon remitter following a successful appeal. An order dismissing a winding up application as an abuse of process is interlocutory, not final, for appeal purposes.
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