s459R does not apply to appeals

A quick FYI, if you need to appeal a decision from the court that set aside a statutory demand (and the wind-up application) YOU DO NOT need to apply to extend the period of the statutory demand under s459R of the Corporations Act 2001 (Cth).

The reasoning of today’s case was that the decision to set aside the statutory demand was already made; your appeal to stop that does not require an extension of time under s459R . You can just exercise your right of appeal.

Case name: Barboutis v the Kart Centre [2019] WASCA 184


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