An applicant for a stay of an interlocutory judgment pending appeal must show a good arguable case on appeal, disadvantage if the stay is not granted, and that the disadvantage to the applicant outweighs any competing disadvantage to the respondent. The loss of a right to join a party to a counter-claim does not constitute sufficient disadvantage where the claim can be pursued in separate proceedings.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
3 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.