Hold on! Do not enforce the judgment! I have lodged an appeal!

In our previous article Promised the family property but the promise has been broken – Insight from Currie v Currie [No 2] [2017] WASC 312, we reported on a case where a father was prevented from breaking his promise to give property to his son through a proprietary estoppel claim and highlighted that lengthy and expensive court proceedings can be avoided by obtaining legal advice at an early stage.

The father, Graeme Currie, has appealed the decision and recently applied for an order to suspend enforcement of the judgment until the determination of the appeal. The decision of the application, Currie v Currie [2018] WASCA 30, provides a useful reminder that appealing a judgment is not itself a sufficient reason for the court to suspend enforcement of a judgment.