The jurisdiction to grant a stay pending an application for special leave to appeal to the High Court arises where it is necessary to preserve the subject matter or integrity of the litigation. The traditional view that real property is necessarily unique such that its loss is not compensable by damages has been modified; an applicant must adduce evidence that the property is irreplaceable or of special significance. The question whether intermediate appellate courts may apply a less stringent test than the High Court for such stays was left open.
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