Where a mortgagor seeks a stay of execution of a writ of possession pending appeal, the undisputed secured indebtedness is a decisive consideration against the stay if the applicant proffers nothing to pay or secure the acknowledged debt. The exercise of discretion may differ if the applicant tenders payment of the acknowledged amount and proffers a reasonable proposal to protect the creditor from ongoing prejudice. A review under s 46(4) of the Supreme Court Act 1970 (NSW) is not an appeal or hearing de novo; it requires identification of House v The King error.
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