Where a trial judgment rests on credibility findings and the applicant for a stay cannot demonstrate a strong case on appeal, the balance of convenience will not favour a stay of a writ of possession, particularly where the respondent suffers ongoing financial prejudice from accruing interest and holds a separate judgment against a co-owner entitling it to possession independently.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.