Where a respondent consents to a stay of execution pending appeal, the applicant should accept that consent rather than insist on a contested hearing about costs. The reasonable cost of obtaining the stay is the preparation of the application, and insisting on a contested hearing about whether costs should be reserved may result in the applicant bearing the costs of that hearing. A stay of execution pending appeal requires that the application be made promptly, that the applicant have at least some prospects of success on appeal, and that the applicant would lose the fruits of a successful appeal if the stay were not granted.
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