The Court of Appeal applies a less stringent approach to stay applications pending High Court special leave applications than the High Court itself applies, following John Fairfax v Kelly (No 2) and Sibuse v Shaw (No 2). Where prospects of success on special leave are at best 'conceivable' and the balance of convenience does not favour a stay, a stay will be refused. A respondent has no automatic right to a stay; prima facie the judgment is correct and the court should not deprive a party of the fruits of victory.
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