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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was wronged by an ex business partner. He moved the assets

Customer Question

I was wronged by an ex business partner. He moved the assets out of the company and shut it down. I won a court judgement against an insolvent company. Tried to get him on Fraud and lost. Tried to get him on a section 51 costs order, lost. Now I have a costs order against me and a stat demand coming my way.
If I are was to lodge an appeal in respect of damages which exceed the value of the stat demand and you are awaiting the judge's response to permission application, is this sufficient to strike out stat demand?
Thanks
***** *****on
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello Paul my name is ***** ***** I will help you.
Has permission been granted yet for the appeal?
Customer: replied 2 years ago.
No not yet Alex The Judge has been very poor in admin and procedureThanks
Expert:  Ash replied 2 years ago.
You can apply to set aside the stat demand but in reality you need to show permission has been granted. Otherwise the Court can't go behind an existing order.
So you need permission or at least have filed the Appellants notice. But to get it set aside in reality you need to have permission at least.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
Sorry Alex I should explain. The Barrister made application to appeal at the last hearing. The Judge said "I will consider that application once I have made my written Judgement"We have never had a written Judgement for anything this Judge has done so I suppose my question is. Can I have this set aside at least until the Judge responds?ThanksPaul
Expert:  Ash replied 2 years ago.
Ok. So the decision has not been formally handed down? You can set aside pending that outcome yes.
Does that help?
Alex
Customer: replied 2 years ago.
ThanksJust so I am clear
The fact that the Judge has not formally made his decision on the appeal means that I can set these aside pending his decisionThanks
Paul
Expert:  Ash replied 2 years ago.
Yes that is correct.
Alex
Customer: replied 2 years ago.
ThanksPaul
Expert:  Ash replied 2 years ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
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