The evidentiary onus to establish special or exceptional circumstances for a stay of execution pending appeal remains with the applicant throughout and does not shift to the respondent merely because the applicant has adduced evidence of the respondent's financial position. However, once the threshold is crossed, a respondent may bear an evidentiary onus to justify why the discretion should be exercised against a stay. A 'real risk' of the appeal being rendered nugatory means a risk established by the evidence, not a mere possibility. The Court may refuse a stay even where special circumstances are established, having regard to undertakings offered, the limited scope of the risk, and the uncertainty of the appeal outcome.
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