A stay of execution pending an application for special leave to appeal to the High Court requires demonstration of special circumstances, including at least a realistic prospect of special leave being granted. Tendentious, conclusory and unevidenced assertions of harm do not establish special circumstances. Ongoing prejudice to a mortgagee through accruing interest incrementally increasing debt beyond the value of the security is a relevant factor weighing against a stay.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.