Where an appellant found to have committed fraud seeks a stay of execution pending appeal, offering a charge over substantial real property to secure the judgment debt, together with undertakings not to dissipate assets and to sell other properties and pay proceeds into court, may be sufficient to tip the balance of convenience in favour of a stay, particularly where the appeal raises arguable legal questions and is to be heard expeditiously. The finding of fraud accentuates the need for satisfactory evidence of the appellant's financial position but does not preclude a stay.
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