Computer Accounting and Tax Pty Ltd (in liq) v Professional Services of Australia Pty Ltd

[2010] WASCA 171

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Enforcement of judgments
3. › Suspension of enforcement pending appeal
4. › Whether special circumstances
5. › Whether real risk judgment sum irrecoverable if appeal succeeded
6. › Civil Judgments Enforcement Act 2004 (WA), s 15

Quick Take

A real risk that the judgment sum would be irrecoverable if the appeal succeeded, due to the likely insolvency of the judgment creditor, constitutes special circumstances justifying suspension of enforcement under s 15 of the Civil Judgments Enforcement Act 2004 (WA). The principles applicable to suspension under s 15 are not materially different from those which applied to a stay of execution before the Act's introduction.