The principles governing suspension of judgment pending appeal under the Civil Judgments Enforcement Act 2004 (WA) are the same as those set out in Eastland Technology v Whisson for stays generally: the applicant must show special circumstances, including that the appeal would be rendered nugatory without a stay, that the appeal has reasonable prospects of success, and that the balance of convenience favours a stay. A conditional stay with partial payment to the respondent may be appropriate where the respondent is in financial need but the judgment sum would be irrecoverable if the appeal succeeded.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.