The two-limb test for a stay pending a special leave application to the High Court requires (1) a reasonable basis for the special leave application (not a high threshold) and (2) assessment of the balance of prejudice. A division of judicial opinion (2-2) across two courts on a question of public importance readily satisfies the first limb. The general costs rule applies to stay applications — there is no automatic reversal simply because the applicant seeks temporary relief from an existing obligation.
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