The three-part test for a stay pending a special leave application to the High Court requires the applicant to demonstrate an arguable ground of appeal, special circumstances, and that the balance of convenience favours a stay. The loss of a family home does not of itself constitute special circumstances where the applicant owes a substantial and increasing debt to the secured creditor. An offer to make periodic repayments that will not prevent the debt from continuing to increase does not shift the balance of convenience in the applicant's favour.
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