23 Jul 2008
G S DALE AND M M DALE AND ANOR V P C I JEFFREY AND M M HARRIS HC AK CIV 2007-404-2015
- Citation
- openlaw-9080566c_b86b_4a4b_b12e_786d489dd902.pdf
- Court
- High Court
The stay was refused because the risk that the Court of Appeal would not deliver judgment before the scheduled trial was low and largely of the defendants' own making due to delay; the grant of a stay would cause real prejudice to the plaintiffs and third parties by vacating a long‑scheduled fixture and delaying resolution; although appellants acted bona fide, the overall balance of convenience and status quo weighs against granting the stay; defendants may seek stay from the Court of Appeal under r 12(5).