The test for a stay pending the return of an order nisi for certiorari requires demonstration of special circumstances showing it is just and reasonable to preserve the subject-matter and integrity of the litigation, involving a merits assessment that goes beyond the arguable case threshold required for the order nisi itself. The balance weighs likelihood of success combined with adverse consequences to each party. The absence of a right to restitutio in integrum in certiorari proceedings (unlike appeals) does not of itself warrant a stay where the applicant chose to proceed by certiorari rather than appeal.
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