SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 106 Stay may be granted

SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 106

  (1)   A court of a State in which a judgment has been registered under subsection   105(1) may, on application by a person against whom the judgment has been given, entered or made, order that proceedings in that court by way of enforcement of the judgment:

  (a)   not be commenced until a specified time; or

  (b)   be stayed for a specified period.

  (2)   The order:

  (a)   must be made subject to conditions that:

  (i)   within the period specified in the order, the person make and prosecute an appropriate application for relief in respect of the judgment; and

  (ii)   the application be prosecuted in an expeditious manner; and

  (b)   may be made subject to such other conditions, including conditions as to the giving of security, as the court thinks fit.

  (3)   For the purposes of paragraph   ( 2)(a), an appropriate application for relief is an application to set aside, vary or appeal against the judgment, being an application made to a court or tribunal that has jurisdiction under the law in force in the place of rendition to grant the application.