An applicant for a stay of execution pending a High Court special leave application bears an onus to show that delay will not involve a risk of diminished ability to meet the judgment, unless the circumstances (such as government instrumentality status or statutory insurance) make it reasonably clear that no such risk exists. Where the applicant fails to discharge this onus, a stay may be granted on condition that security be provided for the judgment debt.
The full text is available to signed-in members, including the 45 later cases that cite this judgment.
19 of the 45 citing cases carry a classified treatment. How each court treated it is available to signed-in members.