The principles governing stay applications pending appeal apply to confiscation declarations under the Criminal Property Confiscation Act 2000 (WA). Where confiscated property is readily replaceable and of modest value, the cost of storage may weigh against a stay. The court's power to stay enforcement extends to staying the enforcement of rights declared to exist under a declaratory order, even though a declaratory order itself may not be capable of being stayed.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
2 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.