A Titles Office search showing the respondent owns no real estate in Western Australia, without further evidence about the respondent's residence, employment, or other assets, is insufficient to establish a probability that the respondent cannot repay costs for the purposes of a stay application. Applicants for stays should conduct independent investigations into the respondent's financial position if the respondent does not voluntarily disclose.
The full text is available to signed-in members, including the 1 later case that cites this judgment.