Where an appellant has obtained a stay as of right under the second limb of s 74(4) of the County Court Act 1958 by depositing the judgment sum into court, the Court of Appeal will not order payment out of any part of the deposit to the respondent prior to the hearing of the appeal, as this would detract from the statutory stay. The appropriate remedy for a respondent suffering hardship is to seek expedition of the appeal. The question whether the deposit must include costs remains unresolved.
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