A stay of execution pending appeal requires demonstration of special or exceptional circumstances, including a real risk the appeal will be rendered nugatory and serious injury to the applicant. Where the subject matter of the appeal is a monetary judgment secured by property sale, the applicant must show inability to recover proceeds if successful, not merely that the property may sell for less than market value. Appeals primarily challenging findings of fact and credibility have weak prospects of success and will not support a stay.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
3 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.