A family home with a protracted and difficult acquisition history may qualify as 'in substance irreplaceable' for the purposes of establishing special circumstances warranting a stay of execution pending appeal, even where the applicant cannot pay the judgment debt. Undertakings as to remedial orders for rental loss and expedition of the appeal may be sufficient conditions for a stay.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
2 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.