Raysun Investments v Caruso [2013] WASCA 13

The borrowers sought a stay of judgement on the basis that the wife denied signing the loan.

A stay of judgement requires proof of a reasonable prospect of successfully appealing from the judgment and that the balance of convenience lies in favour of the applicant.

The court found no reasonable prospects of a successful appeal given the evidence established that the husband signed both the loan and the mortgage, as sole registered proprietor.

The court refused the stay.

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