In applications for a stay of judgment given under the Building and Construction Industry Security of Payment Act, the policy of the Act requires more than a 'real risk of prejudice' to justify a stay. Courts will look at both the strength of the grounds of appeal and the risk of non-recovery, but with a higher threshold than in ordinary stay applications.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
1 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.