In mortgage actions, a stay of judgment pending appeal will not be granted where the mortgage debt has not been paid into court, no grounds of appeal have been filed, and the balance of convenience favours the mortgagee. Even where the appeal would be rendered nugatory by sale of the property, this is tempered where the mortgagor would still owe the principal and interest even if the transaction were set aside on appeal.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
2 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.