The established five-part test for a stay pending appeal was applied. A partial stay may be granted where the appellant seeks only to stay part of a judgment sum and the appeal raises a novel point of statutory construction with reasonable prospects of success. The question of the proper construction of s 137(5) of the Police Act 1892 (WA) — specifically whether the State's liability extends to torts committed by police officers with malice — remains unresolved.
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