The case restates the established principles for stay applications pending appeal in Western Australia, confirming that even where an appeal would be rendered nugatory without a stay, the stay will be refused where the balance of convenience does not favour the applicant — particularly where there is no evidence the respondent is a credit risk and the respondent holds a larger judgment against the applicant. The court's preliminary observations on the construction of ss 51, 58, and 105 of the CJE Act, and on the characterisation of consent orders in enforcement proceedings, may provide guidance in future cases but are expressly not determinative.
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