9 Jun 2021
The balance of considerations narrowly favored granting a stay because there was a real risk the appeal would be rendered nugatory if the appellant became bankrupt and the appeal was not self-evidently hopeless; accordingly a conditional stay was granted requiring diligent prosecution of the appeal and consent to placement on the fast track in the Court of Appeal.
2 May 2007
Section 40 did not protect the fourth defendant from costs orders that were made before he applied for legal aid; because his legal aid application post-dated the contested costs orders, the stay of execution as to those orders was unjustified and was rescinded.
25 Sept 2006
Because enforcement in the absence of a stay could lead to the applicant's bankruptcy and thereby render the appeal nugatory, the Court granted an interim stay of the payment orders and permitted the applicant 21 days to file evidence of current financial position; absent suitable evidence of inability to pay $200,000 the stay will be removed.