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Help needed to set aside stat demand based on stay of execution


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Have situation where a CCJ has been obtained by default. A stat demand has been issued based on the CCJ and need to get in an application to set aside stat demand. A stay of execution has been obtained against the CCJ.

 

Grounds on which the stat demand set aside application will be based is that stay of execution has been obtained against underlying judgment and no other.

 

Am familar with insolvency rules (IR), in particular IR rule 6.5

 

Numerous websites cite "stay of execution against judgment" as one of the grounds on which set aside of stat demand can be obtained. However none of them give any indication as to the precise basis of this ground, other than to hint that it falls under IR 6.5 4(d) "the court is satisfied, on other grounds, that the demand ought to be set aside". Form 6.5 also hints at this as it gives as item 7 in its margin that execution has been stayed as one of the reasons you can put.

 

So the question is what is the basis on which "stay of execution" forms a ground. Is it case law, legislation, somewhere else in the IR, or just praying for the courts good nature. What are the precise words, including references to rules, cases, or legislation, that one should put on an application for set aside of stat demand to guide the court into the position that the websites hint at, i.e that "stay of execution" gives the applicant a mandatory right for the stat demand to be set aside.

 

Anyone any ideas?

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