Scope Data Systems v BDO Nelson Parkhill [2003] NSWSC 137

CORPORATIONS - Winding up - application for order setting aside statutory demand - judgment debt - steps taken to appeal - whether statutory stay of execution, if in force, gives rise to genuine dispute as to existence of debt - whether appeal of itself gives rise to genuine dispute - whether statutory stay of execution represents some other reason why demand should be set aside - PROCEDURE - Local Court judgment for debt - avenue of appeal to Supreme Court - whether leave to appeal needed - whether appeal initiated within time - whether statutory stay of execution in force

ACTS CITED: Corporations Act 2001 (Cth) ss.459E, 459G, 459J - Justices Act 1902, ss.101, 104, 106, 107 - Local Courts (Civil Claims) Act 1970, s.69 - Local Courts (Civil Claims) Rules 1988 - Supreme Court Rules, Part 51B

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