Where an appellant is represented by counsel and submissions have been filed which on their face withstand scrutiny, the Court will readily be satisfied that the grounds of appeal are reasonably arguable for the purposes of a stay application. A litigation funder's considered decision to fund an appeal may be taken into account as an indicator of arguability. On the balance of convenience, stays of possession orders may extend to investment properties where the respondent is adequately protected as to costs and undertakings not to dissipate assets have been given.
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