The five-step framework for stay applications pending appeal in Western Australia requires: (1) the successful litigant is ordinarily entitled to enforce; (2) the applicant must demonstrate special circumstances; (3) the central issue is whether the appeal will be rendered nugatory; (4) even if nugatory, the appeal must have reasonable prospects of success; (5) the balance of convenience must favour the applicant. An applicant who fails to file or proffer grounds of appeal cannot satisfy the reasonable prospects requirement.
The full text is available to signed-in members, including the 59 later cases that cite this judgment.
50 of the 59 citing cases carry a classified treatment. How each court treated it is available to signed-in members.