An appeal may be arguable notwithstanding adverse credit findings at trial where the appellant identifies grounds that stand separate from and are not dependent upon those credit findings. The real possibility of substantial stamp duty liability on court-ordered property transfers and potential re-transfers on a successful appeal is a significant factor in the balance of convenience favouring a stay. The court may appoint a receiver of property as a condition of a stay where the parties are highly distrustful of each other and the applicant has failed to comply with prior court orders.
The full text is available to signed-in members, including the 17 later cases that cite this judgment.
3 of the 17 citing cases carry a classified treatment. How each court treated it is available to signed-in members.