The Alexander v Cambridge Credit Corp Ltd test governs applications for stay of orders (other than imprisonment) made by the Land and Environment Court in its criminal jurisdiction. There is no requirement to demonstrate special or exceptional circumstances. The applicant must show a proper basis for a stay that is fair to all parties, including an arguable case on appeal and a risk that the appeal will be rendered nugatory without a stay. The question whether a publication order under the Water Management Act, s 353G(1)(a), is amenable to appeal as part of the 'sentence' was left open.
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