The principles applicable to an application under s 15 of the Civil Judgments Enforcement Act 2004 (WA) for suspension of enforcement are not materially different from those which applied to an application for a stay of execution before the introduction of the Act. While those principles provide guidance in the exercise of the discretion, they are not inflexible or exhaustive, and at all times the ultimate question must be whether there are special circumstances which justify the court suspending the enforcement of the judgment.
Pullin JA
Adherence to rules governing grounds of appeal is obligatory, not optional, and while latitude may be afforded to litigants in person, no such latitude extends to represented parties. A stay of enforcement under s 15 of the Civil Judgments Enforcement Act 2004 (WA) will generally not be granted unless the appellant establishes reasonable prospects of success on appeal.
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