The principles governing stays of execution pending appeal in the NSW Court of Appeal are those stated in Alexander v Cambridge Credit Corporation Ltd, not those in Sali v SPC Ltd. A stay may be granted where the appeal raises serious questions and there is a real risk the appeal will be rendered nugatory without a stay. A judgment creditor cannot require security for judgment debts as a condition of a stay where the judgments are already worthless — conditions on a stay are limited to preserving the status quo, not improving the judgment creditor's position. Where a corporate appellant has assets, a Mareva-style undertaking to the Court (not inter partes) is the appropriate mechanism to protect the status quo.
The full text is available to signed-in members, including the 200 later cases that cite this judgment.
68 of the 200 citing cases carry a classified treatment. How each court treated it is available to signed-in members.