A stay pending an application for special leave to the High Court requires demonstration of a substantial prospect that special leave will be granted, and the balance of convenience must favour the applicant. Unsupported assertions of irreparable harm and failure to identify specific errors in the judgment below will be insufficient. In rare cases, a stay may be granted absent a substantial prospect of success, but this exception is narrow.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.