Case No. HT-08-331

[1937] AC 473 at 479: “I find nothing in the facts analogous to cases where a party, having obtained and enjoyed material benefit from a judgment, has been held precluded from attacking it while he is still in enjoyment of the benefit. I cannot bring myself to think that a judgment debtor who asks for and receives a stay of execution approbates the judgment so as to preclude him thereafter from seeking to set it aside, whether by appeal or otherwise. Nor do I find it possible to apply the doctrine of election.” and the speech of Lord Russell of Kilowen at 483: “The doctrine of approbation and reprobation requires for its foundation inconsistency of conduct as, where a man having accepted a benefit given him by a judgment, cannot allege the invalidity of the judgment which conferred the benefit.”’”22.In