A stay of enforcement of a judgment debt does not alter the status of the debt as due and payable, and accordingly does not affect the judgment creditor's standing to bring a winding-up application or serve a statutory demand. The filing of a winding-up application where there is a pending application to stay enforcement of the underlying costs order does not of itself constitute an abuse of process. The publication rule in r 5.6 of the Supreme Court (Corporations) Rules 1999 imposes an implied restraint on any publication of a winding-up application other than in the prescribed manner, and deliberate premature publication may justify dismissal of the application. Section 467A of the Corporations Act provides that an application must not be dismissed 'merely because of' a defect or irregularity, not that it must not be dismissed because of something that is 'merely' a defect or irregularity.
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