On an application for a stay of execution of a judgment founded on an adjudication certificate under security of payment legislation, the applicant must establish both prospects of success on its substantive claim and a risk that success would be rendered nugatory by the respondent's inability to repay. The risk of insolvency need not be 'very high'; rather, it is one factor in an overall balancing exercise that includes the strength of the applicant's claim, prejudice to the respondent, and the statutory policy of maintaining subcontractor cash flow. The Act prima facie assigns the risk of a subcontractor's inability to refund progress payments to the principal or head contractor.
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