The test for a stay of penalty pending judicial review by certiorari is whether the applicant has demonstrated special circumstances sufficient to satisfy the court that it is just and reasonable to order a stay so as to preserve the subject-matter and integrity of the litigation. This formulation is broad enough to encompass balance of convenience factors. There is a public interest in maintaining the integrity of the racing industry that weighs against the grant of a stay, and a court should not lightly create a perception that the decision of specialist industry entities has a provisional quality.
The full text is available to signed-in members, including the 19 later cases that cite this judgment.
3 of the 19 citing cases carry a classified treatment. How each court treated it is available to signed-in members.