Where a respondent concedes that the fruits of a judgment should not be distributed pending appeal, 'special circumstances' under s 15(3) of the Civil Judgments Enforcement Act 2004 (WA) are established, enlivening the court's discretion to make a suspension order. The expression 'special circumstances' is not confined to situations where a stay is necessary to preserve the subject matter of the litigation. On the balance of convenience, an unconditional suspension order will not ordinarily be appropriate where the respondent can be exposed to risk; conditions requiring security by way of charged deposit or payment into court may be imposed.
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