The case provides a convenient summary of the principles governing applications for stay of execution pending special leave applications to the High Court in Western Australia. Where a special leave application is pending, the applicant must show substantial (not merely reasonable) prospects of success, that the appeal would be rendered nugatory without the stay, and that the balance of convenience favours the stay. A conditional stay requiring payment into court may be granted where an unconditional stay is not warranted but the integrity of the litigation needs to be preserved.
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