A statutory stay of execution under s 107 of the Justices Act 1902 does not give rise to a genuine dispute as to the existence of a judgment debt for the purposes of s 459H(1)(a) of the Corporations Act, but if such a stay is in force, it may constitute 'some other reason' to set aside a statutory demand under s 459J(1)(b) on the basis that use of the demand would be oppressive and would circumvent the legislative policy underlying the stay. The mere existence of an appeal, without a stay, is insufficient to set aside a statutory demand on either ground. Appeals under s 69(2) of the Local Courts (Civil Claims) Act 1970 do not require leave under s 104(1)(b) of the Justices Act 1902.
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