Poland v Poland as Administrator of Estate of K N Poland

The Court refused to suspend enforcement of a judgment revoking a grant of letters of administration, holding that the applicant failed to demonstrate special circumstances under s 15(3) of the Civil Judgments Enforcement Act 2004 (WA). Bydder J held that suspension was not necessary to preserve any right of appeal because the estate property could be protected by orders from the Court of Appeal (e.g., preventing disposal) if an appeal were brought, and accordingly it was unnecessary to consider prospects of success or balance of convenience.