In the recent case of BEC Limited v A2 and A1, the
Eastern Caribbean Court of Appeal confirmed for the first time that
an order dismissing an application to set aside a statutory demand
is a final order, in respect of which a party is not required to
obtain leave to appeal.
At first instance, the Commercial Court refused BEC's
application to set aside a statutory demand issued by certain
creditors in respect of a debt owed by BEC and its wholly owned
subsidiary as a result of a costs award in arbitration proceedings
before the London Court of International Arbitration. BEC appealed
to the Court of Appeal without seeking leave and in response, the
creditors applied to strike out BEC's appeal as being a nullity
on the ground that the order was interlocutory and leave was
required to appeal it. It was not disputed that if leave was indeed
required, BEC's appeal would be liable to be set aside as a
nullity.
