A party seeking a stay of judgment pending appeal bears the onus of providing sufficiently extensive and specific evidence of the financial impact of paying the judgment debt; perfunctory evidence of approaches to banks and failure to address the capacity of shareholders or current financiers to fund the debt will be insufficient. Where a plaintiff succeeds on some claims but fails on others and on a counterclaim, a pragmatic percentage-based costs order may be made rather than issue-by-issue assessment. Maintaining a pleaded case that could never succeed constitutes irresponsible conduct justifying indemnity costs.
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