judge robson judgement, page-2

A remarkable ERROR by the judge in this judgment !!

"15 In separate proceedings, BMC applies for an order that ASI be wound up on the ground of insolvency or, alternatively, on the ground that it is just and equitable for the Court to do so.[2]

16 BMC claims standing to bring the winding up application on the basis that it is a contingent or prospective creditor within the meaning of s 459P(2)(a) of the Corporations Act 2001. Such an application requires the leave of the Court and the Court may give leave if satisfied that there is a prima facie case that BMC is insolvent, but not otherwise.[3] On 5 March 2009, the Court granted special leave to BMC to bring the hearing of the application before a judge. "

In paragraph 16, "the Court may give leave if satisfied that there is a prima facie case that BMC is insolvent, but not otherwise." IS WRONG.

What the judge should have said is "if satisfied that there is a prima facie case that ASI is insolvent".

So does this mistake potentially invalidate the findings ?