Under s 15(3) of the Civil Judgments Enforcement Act 2004 (WA), the court may only make an order suspending the enforcement of a judgment if there are 'special circumstances that justify doing so'.
Newnes JA
On an application for a stay of enforcement pending appeal under s 15 of the Civil Judgments Enforcement Act 2004 (WA), it is not necessary to show that the whole of the appeal will be rendered nugatory; it is sufficient that the appeal against the specific order in question will be rendered nugatory. Irrecoverable expenditure required to comply with the order is a relevant factor supporting a stay.
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