An applicant for a stay of judgment pending appeal who claims impecuniosity must demonstrate not only personal inability to pay, but that funds are not available through associated discretionary family trusts and entities. The onus is on the applicant to provide reliable evidence of their financial position, and a lack of candour or unreliable evidence will be fatal to the application. The principle from security for costs applications — that the applicant must show those who stand behind them are also without means — applies by analogy to stay applications.
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