A stay of execution of a writ of possession pending appeal will ordinarily be refused where the appeal has no realistic prospects of success and the applicant cannot offer any terms, but a limited stay may be granted on hardship grounds alone to allow orderly vacation. Repeat interlocutory applications require a material change in circumstances or discovery of new material. A Real Property Act dealing is not a deed at the time of execution, so the Conveyancing Act s 38 requirement that a witness not be a party does not apply to mortgage attestation.
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